Compare utility patents and patents

Article overview

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.

Compare utility patents and patents
Compare utility patents and patents

Concept of patent, utility solution patent

Before comparing, we need to clearly understand the concept of each type of patent. Specifically, it is stipulated as follows:

1. Invention:

  • An invention is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws.
  • Inventions are protected in the form of patents or utility solution patents.

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:

  • Products in the form of objects, for example tools, machines, equipment, components, circuits,…, represented by a set of information identifying a man-made product characterized by technical signs (characteristics) of structure, that product has a function (use) as a means to meet certain human needs; or products in the form of substances (including simple substances, compounds and mixtures of substances), for example materials, substances, food, pharmaceuticals,…, represented by a set of information identifying a man-made product characterized by technical signs (characteristics) of the presence, proportion and state of the elements, that has a function (use) as a means to meet certain human needs; or a product in the form of biological material, for example genes, genetically modified plants/animals,…, represented by a set of information about a product containing genetic information modified by human influence, capable of self-replication;
  • A process (technological process; diagnostic, forecasting, testing, processing method,…) is represented by a set of information that determines how to carry out a process or a specific job, characterized by signs (characteristics) of the sequence, conditions, participants, measures, and means of performing operations to achieve a certain goal.

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.

A utility solution patent is protected as an invention
A utility solution patent is protected as an invention

Compare utility patents and patents in detail

Similarities between utility patents and patents

Utility patents and patents have many things in common such as:

  • Both are forms of intellectual property protection for inventions.
  • All issued by the Vietnam Intellectual Property Department.
  • All require the invention to be new and capable of industrial application.
  • All have legal validity throughout the territory of Vietnam.

Differences between the two types of degrees

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

Procedures for registration of utility patents and patents

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:

  1. Invention registration declaration, typed according to form No. 01, Appendix I of Decree No. 65/2023/ND-CP (Form attached).
  2. Description of invention/useful solution:
  • The description of the invention/utility solution must meet the regulations in Appendix I of Decree No. 65/2023/ND-CP. The description of the invention/utility solution includes a Description, Claims and Drawings (if any).
  • The description must fully and clearly present the nature of the invention according to the following contents:

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.

  • The claims are separated into separate sections after the description, and the claims are used to determine the scope of industrial property rights for the invention. The protection claim must be presented concisely, clearly, in accordance with the description and drawings, and must clarify new signs of the object that is sought to be protected.
  • Drawings and diagrams (if any): separated into separate pages.
  1. Summary of inventions/useful solutions:
  • The summary of the invention/utility solution must not exceed 150 words and must be separated into a separate page. The summary may have drawings and characteristic formulas. All drawings and typical formulas (if any) must be presented on only half of an A4 page and must be clear. The invention/utility solution summary is not required to be submitted at the time of application and can be added by the applicant later.
  • Proof of payment of fees and charges.

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.

  1. Other documents (if any):
  • Power of Attorney (if the invention/utility solution application is filed through an industrial property representation service organization);
  • Documents proving registration rights (if beneficiary from another person). For example: Certificate of transfer of application rights… (if any);
  • Documents proving priority rights (if the patent application claims priority rights);
  • Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources.

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.

Procedures for registration of patent protection
Procedures for registration of patent protection

Utility patents and patents registration services at Long Phan

Long Phan provides utility patents and patents registration services, supporting customers from A to Z during the protection registration process. Services include:

  • Consulting on choosing the appropriate form of protection.
  • Look up and evaluate the protectability of inventions/utility solutions.
  • Drafting registration documents.
  • Submit applications and track progress.
  • The customer representative works with the Intellectual Property Department.

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.