Patent infringement is a serious problem that can affect the intellectual property rights of creators. When detecting an act of infringement of a protected invention, the owner needs to conduct an assessment to have a legal basis to handle and claim compensation for damages. This article will provide detailed information about patent infringement examination services.
Patent infringement assessment is the process of using professional knowledge and expertise to evaluate and conclude on issues related to infringement of intellectual property rights to patents. This expertise shall be carried out in accordance with the law on judicial expertise.
- The Law on Intellectual Property in 2005, amended and supplemented in 2009, 2019, 2022.
- Decree No. 65/2023/ND-CP detailing industrial property, protection of industrial property rights, and management of plant varieties.
The assessment of patent infringement aims to determine:
- Whether the subject matter under consideration satisfies the conditions to be considered as an element of patent infringement.
- Overlap, equivalence or similarity causing confusion between the subject under consideration and the protected object.
- The value of damage caused by the act of infringement, including material and mental damage.
According to Article 116 of Decree No. 65/2023/ND-CP, the following organizations and individuals have the right to request an assessment of patent infringement:
1. Owner of the right to own the invention.
2. Organizations and individuals that are requested to handle acts of infringement or complaints or denunciations about inventions.
3. Organizations and individuals with rights and interests related to disputes, infringements, complaints and denunciations about patent ownership.
4. Organizations and individuals may request industrial property assessment organizations or industrial property assessors to conduct the assessment by themselves or authorize other organizations and individuals to conduct the assessment.
1. To comply with law and follow the order and procedures for assessment.
2. Honesty, accuracy, objectivity, impartiality and timeliness.
3. To make professional conclusions only on matters within the scope of the requirements.
4. To take responsibility before law for expertise conclusions.
5. Assessment expenses shall be determined according to the agreement between the person requesting expertise and the assessment organization or individual.
1. A document expressing the expertise request (Decision on solicitation of expertise/ Declaration of expertise request).
2. Documents showing the grounds for arising/establishing industrial property rights (protection titles/patent registration certificates).
3. Documents and specimens showing the subject of assessment (descriptive documents, photographs, drawings, transaction contracts, advertising materials, articles, products, goods, packaging, etc.).
4. Industrial property assessment service contracts.
5. Vouchers for payment of assessment fees.
6. Power of attorney (if the assessment application is submitted through a representative). In addition, the application may include other documents if necessary for the assessment.
According to Article 119 of Decree No. 65/2023/ND-CP, the person requesting expertise can send a request to:
- Institute of Intellectual Property Sciences (Address: No. 21 – Lane 67 – Do Quang Street – Cau Giay District – Hanoi).
Usually it is 1 month, corresponding to the fee stated in the Assessment Service Schedule.
1. Selection of assessment forms and units.
2. Prepare and submit dossiers to the assessment organization.
3. To receive dossiers and examine and classify inventions and documents.
4. Acceptance of assessment dossiers: Examination of dossier forms, domains, subjects and purposes of expertise; assess the validity and suitability of assessment requests; conclusions on acceptance or refusal of expertise; notice of conclusion and conclusion of assessment contract.
5. Carrying out the assessment contents: Searching for information, measuring, testing, consulting; examining the grounds for invention/establishment; look up original information about related inventions; inspection of the validity and determination of the scope of protection; locating the subjects to be considered; establish a formula for determining the subjects to be considered; compare and evaluate the subjects to be considered according to the assessment contents; summarize the results.
6. Handling of inspection results and finishing: Development of inspection products; settlement of assessment fees; handing over products, liquidating contracts; processing assessment dossiers, specimens, setting up archival data.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da
ao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
