Under Vietnamese intellectual property law, both inventions and utility solutions are protected through exclusive protection titles granted by the Intellectual Property Office of Vietnam (IP Vietnam). However, these two forms of protection differ significantly in terms of protection requirements, protection duration, and practical application scope.
In research, manufacturing, and technological innovation activities, many businesses and individuals often wonder whether they should register an invention patent or a utility solution to protect their technical achievements.
Choosing the appropriate form of registration from the beginning plays an important role in the possibility of obtaining protection and the future commercialization strategy.
An invention is a technical solution in the form of a product or a process intended to solve a specific problem by applying natural laws.
Under Vietnamese Intellectual Property Law, an invention is protected in the form of an Invention Patent if it satisfies all of the following conditions:
Generally, inventions involve a higher degree of technical innovation and breakthrough compared to utility solutions.
A utility solution is also a technical solution in the form of a product or process intended to solve a specific problem.
However, unlike inventions, utility solutions are not required to satisfy the same high inventive step requirement.
To be protected under a Utility Solution Patent, the subject matter must satisfy:
Although there are certain differences, inventions and utility solutions still share several similarities.
Both must be technical solutions intended to solve a specific problem by applying natural laws.
Once the protection requirements are satisfied, the applicant may be granted:
The subject matter must not have been publicly disclosed before the filing date or priority date.
This is a very important requirement in the protection process.
The technical solution must be capable of:
Below are the key differences between inventions and utility solutions under Vietnamese intellectual property law.
An invention must involve an inventive step.
This means the technical solution must not be obvious to a person having ordinary skill in the relevant technical field.
This is a relatively high requirement and is one of the primary reasons why many patent applications are rejected.
Utility Solution
A utility solution does not require the same high level of inventive step as an invention.
The solution only needs to:
Therefore, many minor technical improvements may still be protected as utility solutions.
Invention Patent
Valid for:
Utility Solution Patent
Valid for:
Invention
Usually involves:
Examples include:
Usually involves:
Examples include:
In practice, utility solutions often have a higher chance of obtaining protection because the protection requirements are lower than those for inventions.
In many cases:
This is a strategy commonly used by businesses to increase the possibility of protecting technical innovations.
The choice depends on:
Under Vietnamese intellectual property law, in certain cases, applicants may:
provided that the legal requirements are satisfied.
This is a practical solution to reduce the risk of rejection during substantive examination.
Many businesses encounter difficulties because they:
Early legal consultation can significantly increase the likelihood of obtaining protection.
ADVN Law provides services including:
We support clients in various fields, including:
A utility solution is also a technical solution but has lower protection requirements compared to an invention.
Yes. Once granted, the owner has exclusive rights to exploit and use the utility solution.
10 years from the filing date.
In many cases, the application may be converted into a utility solution application to increase the possibility of obtaining protection.
Generally, the likelihood of obtaining protection is higher because the inventive step requirement is lower.
If you need assistance with patent registration in Vietnam or internationally, please contact ADVN Law for detailed consultation.
Hotlines:
Email: advnlaw@gmail.com
Website: advnlaw.vn
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