For manufacturers, the technical solution and the outward shape of a product are the two things competitors copy fastest. The law protects them through two separate mechanisms, with different conditions, procedures and terms. This article explains the difference between an invention, a utility solution and an industrial design, the real processing times, and 3 mistakes that get applications refused.
- Manufacturers and technology start-ups
- R&D, product design and packaging teams
- Businesses that develop products abroad before entering Vietnam
- A patent protects how a product works. An industrial design protects how it looks. Many products should be protected by both.
- Terms: invention 20 years, utility solution 10 years (no renewal); industrial design 5 years, renewable twice, up to 15 years in total.
- In practice: an invention usually takes 2.5 to 4 years, and an industrial design 12 to 18 months, before the protection title is granted.
- The most serious mistake: disclosing the product before filing, which destroys novelty.
- Keep original files, edit history, emails and drafts as back-up evidence while you wait.
Many businesses confuse the two protection mechanisms. They register the wrong type, or leave one out, which leaves a large gap in risk.
1. Invention, utility solution and industrial design: the differences
Invention
A technical solution in the form of a product or a process.
Utility solution
A technical solution with a lower level of inventiveness than an invention.
Industrial design
The outward appearance: lines, shapes, colours or a combination of these.
A competitor can copy the shape without infringing the patent (if it changes how the product works), or the other way round. Protecting both the invention and the industrial design closes this gap.
2. Terms of protection: a difference to factor into your strategy
No renewal
No renewal
Renewable up to 2 times, 5 years each time
Source: Law on Intellectual Property; terms run from the filing date.
Unlike trademarks (which can be renewed without limit), these three subject matters have an absolute maximum term. When the term ends, the solution or design becomes public property and anyone may use it. Plan around the product’s commercial life so you can exploit it within the protection term.
3. Registration procedure and real timelines
| Stage | Invention | Industrial design |
|---|---|---|
| Formality examination | 1 month from the filing date | 1 month from the filing date |
| Publication of the application | Within 19 months from the priority date or filing date (or 2 months if early publication is requested) | 2 months from the date of the decision accepting the application as valid |
| Substantive examination | No more than 18 months from the publication date or the date of the request for substantive examination (whichever is later) | No more than 7 months from the publication date |
| What usually happens in practice | 2.5 to 4 years | 12 to 18 months |
Statutory time limits under the Law on Intellectual Property; practical timelines based on FC Legal’s experience handling applications.
The slowest type of application
It depends on how complex the solution is and how many rounds of correspondence and amendments there are with the Intellectual Property Office of Vietnam.
Much faster
Suitable for products with a short commercial life.
4. Three common mistakes that get applications refused, and how to avoid them
1. Loss of novelty through disclosure before filing
The most serious and most common. Showing the product at a trade fair or exhibition, posting it on a website or social media, or selling it before the filing date or priority date can all lead to refusal.
- File before you disclose any information about the product.
- Do not rely on the grace period exception, which has strict conditions.
2. An unclear or illogical technical description
Common when businesses draft the application themselves. The description does not clearly show the technical process, lacks illustrations or diagrams, or does not prove industrial applicability.
- Draft the description to the technical and legal standard required by the Intellectual Property Office of Vietnam.
3. Confusing an industrial design with a work of applied art
Highly aesthetic designs. For motifs, patterns and packaging, choosing the wrong subject matter leads to the wrong scope and term of protection.
- Linked to an industrial product made in large quantities: register an industrial design at the Intellectual Property Office of Vietnam.
- An independent artistic creation: register copyright at the Copyright Office of Vietnam (Cục Bản quyền tác giả).
- You can register both at the same time.
5. Back-up evidence before the protection title is granted
Original design files
With saved edit history and file creation dates.
Work emails
Correspondence about the development process.
Drafts and test versions
Early versions before the product was finalised.
This is important evidence if a dispute arises over who created the invention or design while the application is being processed, which can take several years.
6. Why assess registrability before filing
The cost of an invention application can vary a lot depending on its complexity, and processing takes 2.5 to 4 years. A preliminary assessment of the three criteria (novelty, inventive step, industrial applicability) before filing helps you:
- avoid spending time and money on an application that is likely to be refused;
- set the scope of the claims narrow enough to avoid overlapping with existing solutions, and broad enough to protect the “technical core” that makes your product different.
Assess whether your invention or design can be registered, with an FC Legal lawyer
Before you file the official application with the Intellectual Property Office of Vietnam.
- Search of the relevant prior art
- Assessment of registrability against the three criteria
- Drafting the technical description to the required standard
Please do not send confidential documents or personal data through the form.
Commercial use after the protection title is granted: see IP valuation and licensing contracts and IP management for businesses.
Sources
National Assembly: Law on Intellectual Property and the implementing regulations currently in force.
Intellectual Property Office of Vietnam: procedures for processing invention and industrial design applications.
This article is for reference. It summarises the Law on Intellectual Property of Vietnam and the implementing regulations currently in force. It does not replace legal advice on a specific case.
Prepared by the FC Legal legal team and reviewed by FC Legal’s managing lawyer. Updated 30 September 2026.
