Conditions for registration of utility solutions in Vietnam

In addition to the current patent registration mechanism, some countries around the world also offer a protection model for “utility solution”. The registration for protection of utility solutions aims to encourage technical innovation activities, meeting the demand for protection of technical innovations in the country, especially for Vietnam, when the level of science and technology is not enough. So, what is a utility solution? What are the conditions required to apply for a utility solution. To answer your questions, Viet An Law Firm offers an article about the conditions for registering a utility solution below.

Legal basis

• The Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Circular No. 01/2007/TT-BKHCN guiding the implementation of a number of articles of the Intellectual Property Law on industrial property.

What is the utility solution?

In essence, the utility solution is a low-level patent. Accordingly, the point that makes the difference between utility solution and invention is shown as follows:

• The utility solution protection conditions are simpler, as shown in the fact that the requirement for inventive nature for the utility solution is often less strict or even non-existent. Therefore, utility solutions are often granted for small improvements or upgrades of an existed technical solutions.
• The term of protection for utility solutions is shorter (only from 5 to 10 years instead of up to 20 years of patent protection).
• Regulations on registration procedures, time limit for appraising utility solution applications are also shorter and simpler because there is no need to consider qualification conditions.

In addition, innovative technical solutions can be protected as a trade secret. Accordingly, holders of technical solutions can consider patent protection so that they can have exclusive rights to exploit the invention for a limited time or protect a trade secret to avoid having to disclose their invention.

Conditions for registration of utility solutions in Vietnam

According to the provisions of Clause 2, Article 58 of the Intellectual Property Law, in order to register a utility solution, two conditions must be met:

Utility solutions must be novelty

• Novelty requires that the solution described must not be the same as the solution described in the application filed with the prior priority date. This means that before the priority date of registration, the solution has not been publicly announced in the form of use, written description or any other form at home or abroad before the date of filing the patent application. or before the priority date.

However, there will be cases where the utility solution will not lose its novelty as follows:

• The person who is not the owner of the solution knows information about the solution but voluntarily publishes it, even without the consent of the applicant and the date of publication within 6 months from the date of filing the application.
• Such utility solution is displayed at the national exhibition in Vietnam or at the official international exhibition within 6 months from the date of application.
• The person having the right to register the publication of a solution in the form of a scientific report within 6 months before the filing date has requested the competent authority to grant a protection title.
• Information about a solution that is useful in the case of such a solution will not be considered publicly available if only a limited number of people are known and are obliged to keep the information about it confidential. Accordingly, the owner of the solution is required to control the number of people who know and know about the information about the solution they are holding.

Utility solutions with susceptible industrial application

• This is a condition of the usefulness of the solution. Accordingly, a solution cannot be heavily theoretical, but it must also bring practical benefits that can be applied to life.
• A solution is considered to be industrially applicable if the manufacturing, mass production, or repeated application of a process is the content of the solution and can be obtained stable results are the same as those described in the application

Thus, as long as both of the above conditions are fully met, the utility solution will be granted a utility solution protection certificate.

Difference between utility solution and patent registration conditions

It can be seen that there is a relationship between inventions of utility solutions. However, the registration conditions of the utility solution will be simpler and less complicated, specifically as follows:

In order for an invention to be registered, the following conditions must be fully satisfied:

• Novelty
• Inventive nature
• Industrial applicability

To be registered, a utility solution must meet the following conditions:

• Novelty
• Industrial applicability

From there, we can see that the conditions to be able to protect the invention will be much more difficult and complicated than the conditions for registration of utility dissection. Accordingly, the requirements for inventiveness of inventions are stricter than those of utility solutions. A protected utility solution only needs to have two factors of novelty and industrial applicability, then the protected invention must, in addition to these two things, also meet the criteria of the inventive nature.

In fact, new technical inventions in Vietnam are often selected in the form of utility solutions to facilitate industrial application and licensing in production.

Application for registration of utility solutions in Vietnam

To be able to register a utility solution, you need to prepare the following documents:

• 02 Patent registration declaration, typed according to form No. 02/SC Appendix A of Circular No. 01/2007/TT-BKHCN
• 02 Description of invention/utility solution. The description of the utility solution must satisfy the provisions of Point 23.6 of Circular No. 01/2007/TT-BKHCN.
• 02 Brieft of invention/utility solution (not exceed 150 words and must be separated into separate pages).
• Proof of payment of fees and charges.
• Power of attorney according to the form of Law Viet An.
• Transfer of application right (if any)
• Documents confirming the right to register (if benefited from someone else)
• Documents proving the right of priority (if the application has a claim for priority).

Procedures for registration of utility solutions in Vietnam

Step 1: Prepare documents

You need to prepare all the documents as above

Step 2: Submit your application

Viet An Law is an industrial property representative organization, will represent customers to apply for utility solutions at the National Office of Intellectual Property.

In case you are a direct applicant, the applicant can submit an application in one of two ways, by submitting an application in person or by sending an application by post. You can send it to the National Office of Intellectual Property in Hanoi or at the two representative offices of the Department in Ho Chi Minh City and Da Nang.

Step 3: Formality examination of the application form

After submitting the application, the NOIP will check the compliance with the regulations on the form of the application, thereby making a conclusion whether the application is considered valid or not.

• In case the application is valid in form, the NOIP shall issue a decision to accept the valid application.
• In case the application is not valid, the NOIP will issue a notice of its intention to refuse to accept the application. The refusal must clearly state the reasons why the application may be refused. And will stipulate within 02 months for the applicant to comment or correct errors. If the applicant fails to correct errors or unsatisfactory corrections or has no objections or objections, the NOIP shall issue a decision to refuse to accept the application.

Step 3: Application for utility solution is published

After a decision on accepting a valid application is made, the utility solution application will be published in the Industrial Property Official Gazette.

Step 4: Subtantive examination of utility solution application

According to regulations, the NOIP will only conduct substantive examination when there is a request for substantive examination.

The NOIP will assess the protectionability of the object stated in the utility solution registration application according to the protection conditions such as novelty or industrial applicability, thereby determining the scope of the application. respective protection.

Step 5: Make a decision to grant a protection title for a utility solution

• If the solution described in the application does not meet the requirements for protection, the NOIP shall issue a decision to refuse to grant a protection title.
• If the solution described in the application meets the requirements for protection and the utility solution registrant meets the conditions for payment of fees and charges in full and on time, the NOIP will issue a decision. to issue a certificate of protection.

Above is an article about the conditions for registration of utility solutions in Vietnam. Clients who have any problems about registering utility solutions, please contact Viet An Law for our best support!