How to Select a Patent Attorney?

Could you use a little help protecting your invention? If so, an attorney skilled in patent law is your best bet.

As you can imagine, conveying your invention to someone who knows nothing about it will be difficult.  Therefore, it is best if you are in direct contact with your patent attorney. You can meet in person and show the patent attorney any prototypes or drawings you may have to help illustrate your invention.  As you can probably guess, the process will go more smoothly if you work with a patent attorney near you.  Although it can be done, a long distance relationship will only strain the process.   

Probably the best way to select a patent attorney in your city is through word of mouth.  To help find referrals (and to associate with others who have interests similar to yours), you may want to join a local inventors club.  You can also search through the USPTO’s list of registered patent attorneys or even just use their database to check your potential patent attorney’s credentials.

When you are seeking out a suitable patent attorney, you need to ask about their experience and background. Ask them what degrees they hold, the number of years they’ve spent writing and prosecuting patents, and the number of patents granted.  Get references from previous clients and call them to ask about their experience with the patent attorney.

When selecting a patent attorney, it’s also important to find someone who specializes in the field your invention is related to.  Patent attorneys are not equal in all areas.  For starters, what is their degree(s) in?  This is very important.  Some patent attorneys will have a degree in engineering.  Other patent attorneys will be skilled in the field of biology, others physics and yet others, computer science.  You don’t want to take your newly invented cell line (yes you can patent such things) to a patent attorney with a background in electrical engineering.  You would want a patent attorney with a background in biology to help you with this type of invention. 

If you have a basic invention, going with a patent attorney with a general mechanical engineering background will probably save you some money.  Specialized professionals usually charge more.

You want their background and your invention type to match as closely as possible.  Writing patent applications is a bit of an art.  Obviously, a patent attorney will come in handy to help you through the legalese, but there is also a great deal of knowledge and specific technical detail that must go along with it.  This is why patent attorneys must have technical backgrounds.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Author:Lisa Parmley

Source: Articlecitydate

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Procedures to Apply for Temporary Residence Card in Vietnam

Temporary Residence Card in Vietnam

For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card.  For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.

The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.

I. Subjects to be Granted Temporary Residence Card

• Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office. (NG3)
• Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces. (LV1)
• Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry. (LV2)
• Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam. (DT)
• Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam. (NN1)
• Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. (NN2)
• Issued to people who come to study or serve internship. (DH)
• Issued to journalists who have permanent residences in Vietnam. (PV1)
• Issued to people who come to work. (LD)
• Issued to foreigners that are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, DT, NN1, NN2, UNIVERSITY, PV1, LD visas, or foreigners that are parents, spouse, and children of Vietnamese citizens. (TT)

II. Conditions for Implementation

• Time to stay in Vietnam more than 01 year;
• Valid passport more than 01 year;
• In case of having a work permit, the work permit of the foreigner must be valid for 01 year from the date of the application for a temporary residence card. For investors, there must be written documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam (business registration certificates, investment licenses …).

III. Required Documents to Apply Temporary Residence Card

• A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card (form NA7)
• 01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form NA8); a declaration about Foreigners applying for temporary resident card (Form N7B)
• Two 3 x4 cm size photographs;
• Passport, valid visa, immigration cards (bring original for comparison);
• Notice of use of the seal of the enterprise
• 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

Depending on situations, the following documents would be required: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

IV. Implementing Agencies to Apply Temporary Residence Card:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Duration to Obtain Temporary Residence Card in Vietnam: 05 to 07 days;

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Conditions of Foreigner on Adoption in Vietnam

Nowadays, foreigners from other countries wish to adopt children in Vietnam and bring them up to his/her country for custody.  Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family.  However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.

ANT Lawyers will provide to you the regulated conditions of the adoptive parents need to be met as below:

I. GENERAL CONDITIONS OF THE ADOPTIVE PARENT:

The adoptive parent has to meet fully conditions as below for adoption:

• Having full civil act capacity;
• Being 20 years or more older than the adopted person;
• Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.
• Having good ethical qualities.

And not being one these following cases:

• Having some of the parental rights over a minor child restricted:
• Currently serving an administrative handling decision at an educational institution or medical treatment establishment;
• Currently serving an imprisonment penalty:
• Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

II. CONDITIONS OF THE FOREIGNER ADOPTIVE PARENTS:

After meeting fully conditions above, Vietnamese living abroad, foreigners permanently living abroad will be entitled to adopt identified Vietnamese children if they fall into the following cases:

• Being the step father or step mother of the to-be-adopted child;
• Being natural aunt or uncle of the to-be-adopted child;
• Having adopted a child who is a sibling of the to-be-adopted child;
• Adopting a child who is disabled or infected with HIV/AIDS or another dangerous disease, including: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;
• Being foreigners currently working or studying in Vietnam for at least 1 year.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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How To Avoid Copyright Infringement When Registering Domain Name

One of the most important aspects of choosing a domain name is that it should be non-infringing. This is not an easy task since most unique names have already been registered. The number of useful domain names from the marketing point of view have become extremely limited. Several companies now register variations of their trademark names as a preventive measure against infringement. For example, check www.coke.com, www.coca-cola.com, and www.coca-cola.com, or try www.3m.com and www.mmm.com.

All these factors have led to a crisis of domain names and given rise to increasing cases of infringement of domain names. A number of companies have taken legal action against other companies or individuals over alleged copyright violation on the domain names.

There are some fundamental guidelines and cross-checks for selection of a domain name.

You must carefully select some names that are relevant to your business model. You must be able to justify your reason for using the name. Your domain registration should principally consist of a name you are using as a trade name, trademark or corporate name.

It is better to select more than one name since you are not sure about the availability of the required domain name.

Now, search the website of one of the prominent domain name registrars to check if the required name is available. If the name has already been registered by someone else, the search result will provide you with optional names that are similar to your requirements. For example, for the name "ford", the search result may give you similar names like "aboutford.com" and "fordbusiness.com".

If the domain name that you are looking has already been registered but there is no content being displayed at the domain, try to find out the details of the owner of the domain. It is possible that he/she may be genuine and have yet not published any content.

It is also possible that the owner does not plan to create a web site and is willing to give you the domain at the original price. You must confirm that the seller has ownership rights for that particular domain name.

Choosing a domain name that is same as or quite similar to another well-known trademark, may lead to legal action. The regulations governing these issues are dealt by Internet Corporation for Assigned Names and Numbers (ICANN).

It is very likely that you would lose right of your domain name if you have intentionally chosen a name similar to another domain name so as to confuse potential visitors to the site. For example, if your site deals in consumer electronics goods made by a Samsung competitor, do not choose the name "samsungbusiness.com" since a court is most likely to pass a verdict that you selected this name to divert attention of Samsung customers.

There could be others reasons of losing a domain name. It may be found that you have never carried out any business under that name or there is no person in your company similar to that name. Another reason could be that you intend to sell that domain name to your competitor for financial gain.

If your domain name is same as your name then you may be allowed to continue to use it, inspite of the fact that it is similar to someone else’s domain name. But the usage of such a name is governed by certain conditions set by court. For example, Mr. Suki Nokia, who runs a cosmetics business, may be allowed to use the domain name "nokia.kr" but he would be barred from using his site to demonstrate any electronics-related information or advertising.

It is also possible for you to use a domain name that is similar to another's trademark if your objective is not to criticize the other person’s business.

In the non-cyberworid, two companies may have the same name if they do not conduct a similar business or do not have similar product lines.  Roxy Electrical and Roxy Laundry can coexist comfortably. However, in the web world, both Roxies cannot own the "roxy.com" domain name. The laundry Roxy could register under "roxy.laundry" and the electrician under "roxy.electrical."

A very useful tip is to buy all three of the top level domains - .com, .co.uk and .net. You should also buy all possible misspellings of your domain name before anybody else takes advantage of this fact.

You have put a lot of money and energy into building your business and if you are forced to give up the domain name, your business is likely to suffer due to it. So, you need to put your best efforts in choosing a domain name that is both distinctive and non-infringing.

Author:Stanley Spencer

Source:Articlecity.com

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Patents: So You Have An Idea - So What?

Okay, you have come up with a fantastic idea that will solve all the woes of the universe - or at least make you $millions$ - what do you do? How do you start?

Well, the first thing to do is get all your ducks in a row. Start a hard-bound journal and put everything in writing. Draw pictures or diagrams of how your invention works. Date and sign each page, and get someone you trust to look at it and date and sign too.

Then, get ready to spend some money. Sorry, but it takes money to get things going. If your idea is worth anything - which you can find out through the process - you should file for a patent.

A patent gives you 20 years from the filing date the right to keep others from making or selling your invention without your permission. That gives you time to develop and sell your invention in the marketplace. Believe me or not, getting the patent may be the easiest part. About 99% is in the development and marketing of the idea.

To get a patent it is best to find a registered patent attorney or agent. I know, attorneys are sharks. But in this case, their knowledge will get through the government bureaucracy a lot faster and easier than you can by yourself.

To give you an idea of what you are going to face when getting into the patentprocess, here are some FAQ’s to help you understand better - maybe.

PATENT FAQ’s

Q: What do the terms “patent pending” and “patent applied for” mean?

A: They are used by the inventor - or his manufacturer or seller of his product - to inform the public that a patent application has been filed with the Patent and Trademark Office (“USPTO”). You can be fined if you use these terms falsely and deceive the public.

Q: Is there any danger that the USPTO will give others information contained in my patent application while it is pending?

A: No. All patent applications are kept in strictest secrecy until the patent is issued. After the patent is issued your file is made available in the USPTO Files Information Room for inspection by anyone and copies of the files may be purchased from the USPTO. (The Files Information Room is where searchers go to prepare their patent searches - which are needed to complete a patent application)

Q: May I write directly to the USPTO about my application after it is filed?

A: The USPTO will answer questions regarding the status of the application, whether it has been rejected, allowed, or pending action. BUT, if you have an attorney representing you, the Office will not correspond with both of you. The best practice is for all comments be forwarded through your attorney. Another thing - it can take some time before your application will be assigned to an examiner, and what is called an “office action” will happen. Patience is needed.

Q: Do you actually have to go to the USPTO to do business with them?

No. Most business with the USPTO is done in writing and through correspondence. Interviews with Examiners are sometimes necessary (and sometimes helpful) but a lot of them are done by phone by your attorney. The expense of a trip to D. C. is seldom necessary.

Q: If two or more persons work together to make an invention, who gets the patent?

A: If each person had a share in the ideas forming the invention, they are considered joint inventors and a patent will be issued jointly if they make it through the application process. BUT, if one person provided all the ideas for the invention - and the other person(s) has only followed instructions in making the invention, the person with the ideas would be considered the sole inventor - meaning the patent application and the patent itself shall be in his/her name alone.

Q: What if one person supplies all the ideas to make an invention - and another person either employs him and/or comes up with the money to build and test the invention - should the patent application be filed jointly?

A: NO. The application MUST be signed by the TRUE INVENTOR - and filed with the USPTO in the true inventor’s name. This is one time money doesn’t count. It is the person with the ideas - not the employer - not the money man - that gets the patent. If the greedy, blood-sucking, viperous, money-grubbing, creatively non-contributing money man or boss wants any part of the invention, he would have to get his hold through a contract or license on the invention - not the patent itself.

Q: Does the USPTO control the fees charged by patent attorneys and agents for their services?

A: No. This is strictly a matter between you and the attorney or agent. Fees vary - as do attorneys and agents. You should feel comfortable with your choice. It would be best to ask up front for estimates on charges for: (a) a patent search; (b) The preparation of a patent application; (c) drawings to accompany the application; and, (d) the prosecution of the application before the USPTO. (NOTE: an attorney can only give you estimates. The cost of a search, and the application with drawings is pretty well determinable up front. But the prosecution step depends on the Examiner and what he does and doesn’t like about your application. There may be amendments that have to be made (expect at least one), and negotiations to transpire, which all take time and effort from the attorney)

Q: Will the USPTO help me pick an attorney or agent to do my search or prepare my application?

A: No. The USPTO cannot make this choice for you. The Office does maintain a list of registered attorneys and agents. Also some bar associations have lawyer referral services that may help you. If you have a general attorney, although he can’t help you directly if he isn’t a registered attorney with the USPTO, he may help you with a referral.

Q: Will the USPTO advise me about whether or not a certain promotion firm is reliable and trustworthy?

A: No. The USPTO has no direct control over such organizations. While the USPTO does not investigate complaints about invention promoters or promotion firms - or get involved in any legal proceedings relating to such firms - there is a public forum to publish complaints against such firms. The protections you have from patent promotion firms is spelled out in laws passed in 1999. These promotion firms have specific duties of disclosure under this act. [See http://www.gadgets-gizmos-inventions.com for more info]

Q: Are there any organizations that can tell me how and where I may be able to get some assistance in developing and marketing my invention?

A: Yes. Organizations in your community - such as Chambers of Commerce and banks - may be able to help. Many communities have locally financed “business incubators” or industrial development organizations that can help you locate manufacturers and vulture (I mean Venture) capitalists that might be interested in helping you. Do your homework - check, check, check - and be careful.

Q: Are there any state government agencies that can help in developing and marketing my invention?

A: Yes. Nearly all states have state planning and development agencies or departments of commerce and industry that seek new products and articles to manufacture, or processes to assist existing manufacturers and communities in the state. A lot of these agencies are online - or at least have listings in telephone books. If all else fails - write your state governor’s office.

Q: Can the USPTO help me in developing and marketing my invention?

A: No. the USPTO cannot act or advise concerning any business transactions or arrangements that are involved in the development and marketing of an invention. They will publish the fact that your patent is available for licensing or sale in the Official Gazette - at your request and for a fee.

Q: How do I start?

A: First, of course, you have to have an idea. Then that idea has to be put down in a form so that it can be understood at least by a person that is experienced in the field of endeavor that concerns the invention. This usually is a written description and a drawing. Whatever it takes to explain the invention.

The next step is a patent search - to see if someone else has come up with a similar idea. A lot of times this is the case. And, a lot of times your idea may be enough of an improvement to be unique enough for a new patent. There are search firms available - and most patent attorneys have access to their own favorites. It is best to commit only to the patent search at first. Do not sign a contract for anything else just in case the search finds your invention with no way to find “novelty” and “non-obviousness.”

If the search report looks good (watch out for the hype artists), it is time for commitment. Choose your attorney and let it fly.

It is possible to file a patent application by yourself - but really - it is like you going into a restaurant in Paris, France that is, and trying to order from the menu. unless you know and speak the language, you won’t get what you want. In the case of a patent, the USPTO will throw you out - even if your invention is great - because the application does not speak their language.

Author:Gary Cogley

Source: Articlecity

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