When you have a technical improvement, your business faces two options: register an invention patent or a utility solution. Choosing wrong can mean refusal (for lack of inventive step) or missing out on a longer protection term. This article compares the two regimes under Consolidated Document 67/VBHN-VPQH so you can pick the right protection strategy.
1. Comparison of protectability conditions
| Criterion | Invention (Article 58.1) | Utility solution (Article 58.2) |
|---|---|---|
| Novelty | Required | Required |
| Inventive step | Mandatory — must involve an inventive step over the current state of the art | Not required — must only be “not common knowledge” |
| Industrial applicability | Required | Required |
| Term of protection (Article 93) | 20 years from the filing date | 10 years from the filing date |
Commonly confused point: the protectability conditions for utility solutions are in Article 58.2, not Article 63 (Article 63 governs industrial designs). Many older materials cite this incorrectly.
2. Novelty grace period: 12 months
Current law grants a 12-month grace period for novelty: disclosure of the invention/utility solution by the applicant (or with the applicant’s consent) within 12 months before the filing date does not destroy novelty, provided the statutory conditions are met. This differs from the old 6-month grace period — businesses that have already disclosed a product still have a window to file, but should not rely on it: filing early remains the safest course.
3. When to choose a utility solution
- Small, practical improvements: structural or technical refinements that work well but would struggle to prove an “inventive step”.
- Need for speed: utility solution examination is generally faster since no inventive-step assessment is involved.
- Short product life cycles: fast-moving technologies where 10 years of protection is enough.
- Limited budgets: filing and maintenance costs are generally lower than for invention patents.
4. When to choose an invention patent
- Genuine technical breakthroughs: solutions with a clear inventive step deserving 20 years of exclusivity.
- Long-term strategy: platform technologies needing durable competitive barriers and high assignment/licensing value.
- Fundraising and M&A: a strong patent portfolio lifts the valuation of technology companies.
5. Realistic costs and timelines
In principle, utility solution applications carry lower examination fees and faster processing than invention applications (the inventive-step assessment being skipped). Both, however, undergo formality and substantive examination at the Intellectual Property Office of Vietnam. Businesses should budget for the title’s entire life cycle (filing, examination and annual maintenance fees), not just the initial filing fee.
Legal note: This article is for reference only and is not legal advice for any specific matter. Laws and regulations may change; consult the current legal texts or a lawyer before acting.
Transparency: This content was produced and quality-checked by FLAT Law Firm’s AI Legal Council under internal procedures; it has not been reviewed by a human lawyer.