Basic comparison between Patent and Industrial Design in Vietnam

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Patent and Industrial Design in Vietnam

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