For the same technical improvement, should you file for an invention patent or a utility solution patent? This strategic decision directly affects the protection term, costs, and the application’s chance of success. The two titles share many features but differ on critical points that applicants often misunderstand — particularly the myths that utility solutions are “renewable” or “examined faster”.
The core difference: protection conditions (Article 58)
The most important difference lies in the conditions for grant (Article 58 of the Law on Intellectual Property, consolidated text 67/VBHN-VPQH dated 23 March 2026):
- Invention patent (clause 1): novelty + inventive step + industrial applicability;
- Utility solution patent (clause 2): novelty + industrial applicability + not being common knowledge.
In other words, utility solutions do not require an “inventive step” — a lower threshold. Under Article 61, “inventive step” means a creative advance that could not easily be created by a person of average skill in the field. For a utility solution, it suffices that the solution is not “common knowledge” — i.e., not something everyone in the trade already knows.
Note: the line between “inventive step” and “not common knowledge” is drawn by the examiner case by case — only the principle can be stated; no outcome can be promised for a specific application.
Term difference: 20 years vs 10 years — with NO renewal
Under Article 93:
- Invention: 20 years from the filing date (clause 2);
- Utility solution: 10 years from the filing date (clause 3) — with no renewal provision.
For comparison: the law provides renewal for industrial designs (twice, clause 4) and repeated renewal for trademarks (clause 6), but no renewal clause exists for utility solutions. Any claim that “a utility solution patent is renewable” is wrong.
Three little-known SIMILARITIES
1. Both require annual maintenance fees
Both titles require annual maintenance fees (Article 94.1). Non-payment → the title automatically terminates from the first day of the first validity year for which fees were not paid (Article 95.2). “Cheaper to obtain” does not mean “free to maintain”.
2. Same substantive examination request deadline: 36 months
Under Articles 113.1–113.2, the deadline to request substantive examination is 36 months from the filing or priority date — identical for both application types. Missing the deadline → the application is deemed withdrawn (Article 113.3). Examination timeframes are also identical: 12 months for substantive examination (Article 119.2(a)); 01 month for formality examination (Article 119.1).
Because the law sets the same processing timeframes, one should not claim that utility solution procedures are “faster or simpler” — in statutory theory, processing times are the same.
3. Same 12-month disclosure grace period
Novelty assessment criteria are the same (Article 60), and the 12-month disclosure grace period (Article 60.3) applies to both — an invention or solution disclosed within 12 months before filing is still considered novel in grace-period cases.
The strategic “safety valve”: application conversion (Article 115.1(dd))
This is the most important strategic tool that many applicants overlook. Under point dd, clause 1, Article 115, before a refusal notice or grant decision is issued, the applicant may convert an invention application into a utility solution application and vice versa.
The converted application retains the original filing/priority date, and procedures already completed need not be repeated (Article 31 of Circular 10/2026/TT-BKHCN).
Practical strategy: file as an invention first (aiming for 20 years of protection). If substantive examination suggests the inventive-step bar will not be met, convert to a utility solution application to “rescue” the filing — keeping the original filing date, in exchange for a 10-year term at a lower patentability threshold.
Decision tree: which one to choose?
- Choose an invention patent when: the improvement shows a clear inventive step; the product’s commercial life exceeds 10 years; strong protection is needed to block competitors or to license/assign at high value;
- Choose a utility solution when: the improvement is incremental and “inventive step” is hard to prove, but it is clearly beyond common knowledge; the product life cycle is short (under 10 years); you want to optimize costs and grant probability;
- International note: utility solutions exist only in Vietnam and some countries (as “utility models”) — for multi-country strategies, check whether the destination country’s law recognizes this title.
Examples of “typical utility solution subject matter” are practical illustrations only, not statutory rules — the final decision should rest on assessing each application’s ability to meet the conditions.
Reference fees (fee schedule)
Under the schedule issued with Circular 263/2016/TT-BTC (Section A fees currently reduced by 50% from 1 July 2025 to 31 December 2026 under Circular 64/2025/TT-BTC):
- Filing fee: VND 150,000 → currently VND 75,000;
- Examination fee for invention/utility solution applications: VND 900,000 per independent point (formality 20%, substantive 80%);
- Grant fee: VND 120,000 (+VND 100,000 per second and further independent point) → currently VND 60,000;
- Maintenance fee: VND 100,000/year/independent point → currently VND 50,000 (plus annual title-use fees per the Section B 5.1 scale, VND 160,000 maintenance examination fee, and VND 120,000 each for publication and registration).
Verify the actual rates at filing time, as the fee reduction policy expires on 31 December 2026.
Frequently asked questions
Can a utility solution patent term be renewed?
No. The law provides only a 10-year term (Article 93.3) with no renewal clause for utility solutions — unlike industrial designs (renewable twice) and trademarks (renewable repeatedly).
Is the utility solution procedure faster than for inventions?
In statutory theory, processing timeframes are identical: 01 month for formality examination, 12 months for substantive examination (Article 119). Utility solutions should not be described as “examined faster”.
What if my invention application is refused for lack of inventive step?
Before a refusal notice is issued, the applicant may convert to a utility solution application (Article 115.1(dd)), retaining the original filing/priority date. This “safety valve” should be factored into filing strategy from the start.
Cited legal instruments
- Law on Intellectual Property — consolidated text 67/VBHN-VPQH dated 23 March 2026 (Articles 58, 60, 61, 93, 94, 95, 113, 115, 119);
- Circular 10/2026/TT-BKHCN (Article 31 on converted applications);
- Circular 263/2016/TT-BTC (fee schedule); Circular 64/2025/TT-BTC (50% reduction of Section A fees from 1 July 2025 to 31 December 2026).
The provisions above were checked against the original texts as of 14 October 2026. Readers should verify the laws in force and actual rates at filing time.
See also
- Patent Filing in Vietnam — patent registration procedure;
- Intellectual Property Infringement in Vietnam: When Does It Become a Criminal Offence? — sanctions for infringement.
Unsure which application type to file? FLAT Law Firm assists with patentability assessment (novelty, inventive step), filing strategy, and application conversion when needed. Reach us via the Contact page.
The information above is for reference only and does not constitute legal advice. This article was researched and quality-checked by FLAT Law Firm’s AI Legal Council under internal procedures; it has not been reviewed by a practicing lawyer. The cited legal instruments were checked against the original texts as of 14 October 2026 — readers should verify the laws in force at the time of application.
