A product or process that demonstrates practical applications in everyday life may be eligible for either a patent or a utility solution certificate. So, what is the difference between a utility solution and a patent? How do people carry out the registration of a utility solution? LawPlus would like to send you the following analysis.
Table of Contents/Mục lục
1. Concept
A patent is a technical solution in the form of a product or process aimed at solving a specific problem by applying the laws of nature.
A utility solution is understood as a new technical solution compared to the technical level in the world, with the ability to be applied in economic and social fields.Patents are protected exclusively through the granting of a Patent Certificate or a Utility Solution Certificate.
Patent Certificate and Utility Solution Certificate are two types of protection documents granted by the Intellectual Property Office, serving as the basis to protect the rights and legitimate interests of the owner regarding the registered and approved patents.
2. Distinguishing patents and utility solutions
| Criteria | Patent | Utility Solution |
| Concept | Is a technical solution in the form of a product or process aimed at solving a specific problem by applying the laws of nature | Is a new technical solution compared to the technical level in the world, with the ability to be applied in economic and social fields. |
| Protection conditions | Novelty
Creativity Industrial applicability |
Novelty
Industrial applicability |
| Protection period 20 years from the filing date and cannot be extended beyond the protection period by the patent exclusive right. | 10 years from the filing date | |
| Protected objects | Products or processes | Typically only protected for products |
| Form of protection | Patent Certificate | Utility Solution Certificate |
3. Persons entitled to register a patent/utility solution
Under the provisions of Article 86 of the current Intellectual Property Law,.the following organizations and individuals have the right to register patents or utility solutions:
The author creates the invention with their own effort and expense;
Organizations, individuals jointly create or invest in creating the invention;
Organizations, individuals invest funds, material facilities for the author.under the form of job assignment, hiring, except for cases of other agreements;
The author or individual/organization investing in creating the invention assigns the right to register the invention under a written contract for the inheritor.
4. Procedures for registering a patent and a utility solution
The application for a patent or a utility solution includes:
- 2 application forms for patent protection.
- 2 descriptions of the invention/utility solution (including the scope of protection).
- 2 abstracts of the invention/utility solution.
- Documents proving the payment of fees and charges when submitting the application for a patent/utility solution.
- Documents confirming the right to register (if derived from others).
- Documents proving the right of priority (if required to enjoy priority rights).
5. Receiving agency and submission method
Customers can submit applications directly at the Intellectual Property Office in.Hanoi or its representative offices in Ho Chi Minh City and Da Nang. In addition to direct submission, customers can submit online.through the Public Service Portal of the Intellectual Property Office or submit via postal service.
For any inquiries, customers can contact LawPlus through the website, hotline 02862 779 399 / 0965 052 039 / 0966 008 030 (WhatsApp, Viber, Zalo), or email info@lawplus.vn.
