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Compare utility patents and patents is the distinction between two forms of intellectual property rights protection for inventions. Both types of patents are covered by the Law on Intellectual Property, but there are important differences. This article will compare utility patents and patents in detail, and provide information about registration procedures and support services at Long Phan.
Before comparing, we need to clearly understand the concept of each type of patent. Specifically, it is stipulated as follows:
1. Invention:
Patent: A protection title granted by the State to inventors to protect industrial property rights over inventions. A patent is granted when an invention meets three criteria: novelty, inventive step and industrial applicability.
Pursuant to: Clause 12, Article 4 of the Law on Intellectual Property 2005, amended in 2009; Point a Clause 2 Article 58 of the Law on Intellectual Property 2005.
2. Useful solution:
An object protected under the name of an invention – is a necessary and sufficient set of information on technical methods and/or technical means (application of natural laws) to solve a specific task (a problem). A technical solution can be of one of the following types:
Utility solution patent (or utility patent): A protection title granted by the State to inventors to protect industrial property rights over useful solutions. A utility solution is protected when it meets the following criteria: novelty, not being commonly known, and industrial applicability.
Basis: Point b Clause 3 Article 16 Circular 23/2023/TT-BKHCN, Clause 2 Article 58 of the Law on Intellectual Property 2005.
Utility patents and patents have many things in common such as:
Criteria | Patent patent | Utility patent |
Protection conditions | Novelty, inventive step, industrial applicability | Novelty, not common knowledge, industrial applicability |
Subject of protection | Products, processes | Products, solutions |
Term of protection | 20 years | 10 years |
Procedures and approval time | More complicated, longer time | Simpler, shorter time |
Expense | Higher | Lower |
Scope of protection | Wider | Narrower |
The procedure for registering utility patents and patents includes the following basic steps:
Step 1: Look up information: Inventors need to look up to make sure that their invention/useful solution has not been published or protected in Vietnam.
Step 2: Draft your profile: Basic patent registration documents include:
Name of invention/utility solution;
Field of use of invention/useful solution;
Technical status of the field in which the invention/utility solution is used;
Purpose of the invention/utility solution;
Technical nature of the invention/utility solution;
Brief description of accompanying drawings (if any);
Describe in detail the options for implementing the invention/useful solution;
Example of implementing inventions/useful solutions;
The benefits (effects) can be achieved.
Note: For patent applications related to biotechnology/pharmaceuticals, in addition to the general requirements for the invention description specified in Clause 1 above, the application must comply with the requirements in Part IV Appendix I of Decree No. 65/2023/ND-CP.
Step 3: Submit application: Submit registration documents to the Intellectual Property Department.
Step 4: Appraise the form: The National Office of Intellectual Property will check the validity of the application within 1 month.
Step 5: Announcing the application: After the dossier is valid, the registration application will be published in the Industrial Property Official Gazette.
Step 6: Content appraisal: The National Office of Intellectual Property will evaluate the novelty, level of creativity (for patents) and industrial applicability of the invention/utility solution. The appraisal period must not exceed 18 months.
Step 7: Degree issuance: If the invention/utility solution meets the conditions, the National Office of Intellectual Property will grant an invention/utility patent.
Long Phan provides utility patents and patents registration services, supporting customers from A to Z during the protection registration process. Services include:
Contact Long Phan today for detailed advice and service use.
Utility patents and patents are two important forms of intellectual property protection for inventors. Choosing the appropriate form of protection depends on the characteristics of each invention/useful solution. Long Phan with a team of experienced experts is ready to support customers in the process of registering for patent protection, helping to protect legal rights and exploit the maximum value of inventions. Contact the hotline 0906735386 for detailed advice.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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