Articles for patents

Freedom to Operate (FTO) search is an essential step for businesses intending to commercialize a product or process to avoid infringemnt. Vietnam patent database has about 120,000 patents and the publication of patent are still limited. Therefore, handling FTO search in Vietnam is much more difficult than what we can imagine. However, with experienced patent attorneys, HAIHAN-IP has finished many FTO cases and provided clients with actionable insights and a solid foundation for confidently entering the market and commercializing their products.

1. Key steps in FTO search in Vietnam

Defining the Scope: Clearly delineate the product or technology in question, including its technical features and intended uses. Determine the jurisdictions where the FTO search will be conducted, such as Vietnam.

Database Selection: Use reliable databases for comprehensive search results. In Vietnam, the following sources are pivotal:

- Published Patent Database: Access public patent records to identify relevant granted patents or pending applications.

- Internal IP Vietnam Database: This is the most detailed database and is updated regularly; however, access is restricted to patent examiners or authorized representatives.

- Firm-Specific Databases: Local IP law firms often maintain proprietary databases for targeted searches.

Performing the Search: Search patents using keywords, applicant names, IPC classifications, and priority numbers. Pay special attention to claims, as these define the scope of patent protection.

Analyzing the Results: Evaluate whether any identified patents might be infringed upon by the commercialization of the product or process. Consider factors such as patent status (granted, pending, expired), geographical coverage, and claim language.

Legal Interpretation and Reporting: Collaborate with patent attorneys to interpret the results accurately. The FTO report should include:

• • A list of potentially relevant patents.
  • Risk analysis (e.g., high, medium, low).
  • Recommendations, including potential licensing or redesign options.

2. Our cases handled:

i. A pharmaceutical corporation wishes to launch products containing active ingredient “linagliptin”:

We searched the active ingredient in varied names such as linagliptin, Tradjenta, Trajenta, Trazenta, 8-[(3R)-3-aminopiperidin-1-yl]-7-but-2-ynyl-3-methyl-1-[(4-methylquinazolin-2-yl)methyl]purine-2,6-dione, 1-[(4-methyl-quinazolin-2-yl)methyl]-3-methyl-7-(2-butyn-1-yl)-8-(3-(R)-aminopiperidin-1-yl)xanthine

We analysed the results based on the search to give advise to the client about how to commercialize the product containg the active ingredient “linagliptin”.

ii. A shoe manufacturer wishes to commercialize new shoes with special structure of flatcar

The field is narrowed but the evaluation for commercialization is complicated because there are few patents disclosing the similar subject-matter of the client:

 iii. A client wishes to sell product “Plasma activated water making machine” in Vietnam:

We analysed each cited patent and conclude about the possibility of free trade based on the level of risk:

An effective FTO search is an indispensable part of a business’s innovation strategy in Vietnam. By thoroughly analyzing the patent landscape, companies can avoid potential infringement, reduce costs, and optimize their entry into the Vietnamese market. HAIHAN-IP is delighted to assist clients in conducting FTO searches, providing clients with valuable insights to support informed decision-making and facilitate market entry and operations.

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For any enquires, please do not hesitate to contact us at

HAIHAN IP LAW FIRM

12A Floor, Center Building Hapulico Complex, No. 1 Nguyen Huy Tuong, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City, Vietnam.

Tel:             +84-24-3202 8111 / +84-24-3202 8222

Fax:            +84-24-3202 8333

Hotline:      +84-983 788 469

Email:         hh@haihan.vn

HAIHAN-IP is a registered IP Firm (Agent code of 174) licensed by The Intellectual Property Office of Vietnam (IP VIETNAM) since 2013.

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