Utility Solutions in Vietnam: Protection Requirements, Term & Filing

Not every technical improvement qualifies for a standard patent, but many can still be protected in Vietnam as a utility solution — often called a "petty patent" in other jurisdictions. This is a practical route for incremental, useful improvements. This guide explains what a utility solution is, the protection requirements, the filing process and the term of protection under Vietnam's Intellectual Property Law.

What is a utility solution?

A utility solution is a technical solution, in the form of a product or a process, that solves a defined problem by applying the laws of nature. It is the same species of subject matter as a patent (invention), but with a lower protectability threshold. Where protection is granted, the applicant receives a Utility Solution Patent (distinct from an Invention Patent), issued by the Intellectual Property Office of Vietnam. For the underlying concept, see our article on what an invention is.

Protection requirements (Article 58)

Under Article 58 of the Intellectual Property Law, a technical solution is protected as a utility solution if it:

• Is new — not disclosed publicly by use, written description or any other means, in Vietnam or abroad, before the filing date;
• Is industrially applicable — capable of being manufactured or applied repeatedly with stable results;
• Is not common general knowledge.

The key difference from a patent: a utility solution does not require an inventive step. As a result, many improvements that fall short of the inventive-step bar for a full patent can still be protected as a utility solution.

Excluded subject matter (Article 59)

As with patents, the following cannot be protected as utility solutions: discoveries, scientific theories and mathematical methods; schemes, plans, rules and methods for performing mental acts, training animals, playing games or doing business, and computer programs; presentations of information; solutions of an aesthetic character only; plant and animal varieties; essentially biological processes for producing plants and animals (other than microbiological processes); and methods for the prevention, diagnosis and treatment of diseases in humans and animals.

Term of protection

A Utility Solution Patent is effective from the grant date and lasts until the end of 10 years from the filing date; it cannot be renewed. The holder must pay an annual maintenance fee to keep it in force. This is shorter than the 20-year term of an invention patent. Once the term expires, the solution falls into the public domain.

Filing process

1. Search to assess novelty and avoid filing for an already-disclosed solution;
2. Prepare the application: description (specification and claims), abstract, drawings (if any) and the current official request form;
3. File with the Intellectual Property Office of Vietnam;
4. Formality examination (about one month);
5. Publication in the Industrial Property Official Gazette;
6. Substantive examination — only on request; for a utility solution the request must be filed within 36 months of the filing date (shorter than the 42 months for an invention);
7. Grant of the Utility Solution Patent if the requirements are met.

Foreign applicants without a residence or a genuine operating establishment in Vietnam must file through a licensed Vietnamese industrial property representative.

When to choose a utility solution over a patent

• The improvement is practical but does not clearly meet the inventive-step requirement;
• You want a higher likelihood of grant (no need to prove inventive step);
• The product has a short technology life cycle and does not need 20 years of protection.

Before a decision to grant or refuse is issued, an applicant may request conversion of a patent application into a utility-solution application, or vice versa, giving flexibility in choosing the form of protection.

How LTV Law can help

LTV Law advises on novelty searches, drafting the description and claims, choosing between a patent and a utility solution, and handling the filing and prosecution before the Intellectual Property Office of Vietnam. Contact us for tailored advice on protecting your technical improvement.