In the field of intellectual property (IP), patents and industrial designs are two important objects of protection that safeguard the results of creativity by individuals and organizations. Although both fall under industrial property rights, they differ in nature, conditions, and scope of protection.
Definitions
- Patent: A technical solution in the form of a product or process intended to solve a specific problem by applying natural laws. To be protected, a patent must satisfy the conditions of novelty, inventive step, and industrial applicability.
- Industrial Design (ID): The external appearance of a product expressed through shapes, lines, colors, or a combination thereof. To be protected, an industrial design must possess novelty, creativity (with a lower threshold compared to patents), and industrial applicability.
Similarities
- Both are objects of industrial property rights, protected upon grant of a protection title by the Intellectual Property Office of Vietnam (IP Vietnam).
- Rights are established through registration, examination, and issuance of a protection title.
- The owner is entitled to exclusive exploitation, assignment, or licensing, but must also comply with statutory limitations on IP rights.
Differences
Criteria | Patent | Industrial Design |
Object of protection | Technical solutions in the form of a product or process – protection of the technical essence. | External appearance of a product – protection of aesthetic features. |
Conditions for protection | - Novelty;
- Inventive step (not easily created by a person with average knowledge in the relevant field);
- Industrial applicability. | - Novelty;
- Creativity (lower requirement than patents – not easily created by a person with average knowledge);
- Industrial applicability. |
Examination timeline | - Formality examination: 1–3 months;
- Publication: 19 months from acceptance of a valid application;
- Substantive examination: 18 months from publication. | - Formality examination: 1 month;
- Publication: 2 months;
- Substantive examination: 7 months from publication. |
Term of protection | 20 years from the filing date, non-renewable. | 5 years from the filing date, renewable twice, each renewal for 5 years → maximum 15 years. |
Conclusion
- Patents focus on technical solutions, protecting the technical essence of products or processes. They require a high level of inventiveness and enjoy a longer protection term (20 years).
- Industrial Designs protect the external appearance of products, with a lower threshold of creativity, and a shorter protection term (maximum 15 years).
Enterprises should carefully assess whether their creations qualify for patent or industrial design protection in order to develop an effective intellectual property strategy.
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Sai Gon Ward, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
-17241286941924525624.png "Comparison Between Patents and Industrial Designs")
-172734633773013879.png "WHAT SHOULD BUSINESSES DO WHEN SUSPECTING INDUSTRIAL DESIGN INFRINGEMENT?")
.png "What Does an Industrial Design Application Dossier Include in Vietnam?")
.png "SUCCESSFUL PATENT REGISTRATION: SHOE SOLE MOLD – A VIETNAMESE INVENTION SOLVING UNEVEN PRESSURE")
, patents and industrial designs are two important objects of protection that safeguard the results of creativity by individuals and organizations. Although both fall under industrial property rights, they differ in nature, conditions, and scope of protection.&){kind=link}