Patent attorney of SBLAW would like to provide client some information on basic comparison between patent and industrial design in Vietnam as follows:
Criteria | Patent | Design | Note |
Subject matter claimed for protection | A process, a method in which steps of these process and method shall be included.
A product: protect parts within a product and how the react to each other. The inside part is also claimed. |
Appearance of a device or products. The inside part which can not be seen during its operation shall not be eligible for protection |
Applicant may consider protecting a product under a patent or design if the features of appearance is aim at solving a technical issue.
For example: We could not claim protection of appearance of a package under both design and patent since there is no technical feature on the package, but only purpose of decoration. |
Validity | 20 years | 15 years | |
Criteria of protection | – Novelty
– Inventive – Industrial application |
– Novelty
– Inventive – Industrial application |