Patent vs Utility Solution in Vietnam: How They Differ

Under the Vietnamese Law on Intellectual Property, a technical solution can be protected either as an invention (often translated as a patent) or as a utility solution. Both give exclusive rights, but they differ in the threshold for protection, the length of protection, and how they fit into a filing strategy. Choosing the right route depends on the nature of the innovation and commercial goals.

The core difference

Both an invention and a utility solution must be novel and industrially applicable. The decisive difference is the inventive step:

• An invention must involve an inventive step — it must not be obvious to a skilled person.
• A utility solution does not require an inventive step; it only needs to be new and not common general knowledge.

This makes the utility solution a useful route for incremental improvements that are new but may not clear the higher inventiveness bar.

Term and other distinctions

• Term: an invention is protected for 20 years from filing; a utility solution for 10 years. Neither is renewable.
• Examination: both undergo formality and substantive examination, but the substantive standard for utility solutions is narrower.
• Conversion: in some situations an application filed in one category may be converted to the other before grant.

Choosing a strategy

Applicants sometimes file for an invention where the technology is genuinely inventive and long-lived, and choose a utility solution where the improvement is modest or where speed and cost matter more than a 20-year term. The request for substantive examination must still be filed on time — within 42 months of the filing or priority date for an invention, or 36 months for a utility solution.

Frequently asked questions

Can I hold both an invention patent and a utility solution for the same product?

You cannot hold two protection titles for the same technical solution simultaneously, but different aspects of a product may be protected separately. Strategy should be planned before filing.

Is a utility solution weaker in enforcement?

A validly granted utility solution confers exclusive rights that can be enforced. However, its shorter term and narrower scope may affect long-term value.

Which is cheaper to obtain?

Utility solutions are generally less expensive and can proceed faster because the examination standard is lower, though exact official fees depend on the application.

How LTV Law helps

LTV Law assesses which route best fits an innovation and prepares invention or utility solution filings accordingly in Vietnam — contact our team.

This article is for general information only and does not constitute legal advice.