Patents and utility solutions

·

The three conditions for protection, what cannot be patented, and choosing between two titles with different thresholds.

A patent covers a technical solution — a product or a process — that solves a defined problem by applying natural laws.

Three conditions for a patent

Novelty. Not disclosed publicly in any form anywhere in the world before the filing or priority date. This is the condition applicants most often destroy themselves: a social post, a demo, a conference paper or a public fundraising pitch can each sink it.

Inventive step. Not obvious to a person of ordinary skill in the relevant field. The hardest condition and the reason most applications are refused.

Industrial applicability. Capable of being manufactured or applied repeatedly with stable results.

Utility solutions — same subject matter, lower bar

A utility solution requires only novelty and industrial applicability, not an inventive step, provided the solution is not common general knowledge. Patents run 20 years from filing; utility solutions 10. Neither can be renewed and both carry annual maintenance fees, but the grant rate for utility solutions is markedly higher.

In practice, a patent application refused for lack of inventive step can often be redirected to a utility solution. If your improvement is real but moderate, filing for a utility solution directly can save both time and money.

What cannot be patented

Scientific discoveries and pure principles; methods and systems for economic organisation and management; educational and training methods; animal training methods; language, information and classification systems; computer programs (software is protected by copyright, though a technical solution using software may qualify where the substance lies in the technical solution); ways of presenting information; purely aesthetic solutions (that is design territory); plant and animal varieties and essentially biological processes for producing them; and methods of prevention, diagnosis and treatment for humans and animals.

The core bargain: exclusivity for disclosure

A patent is a deal with society. You get 20 years of exclusivity; in exchange you must disclose the solution fully enough for a skilled person to reproduce it. Once the application publishes, the world can read how you did it.

This is why a trade secret is sometimes the better route. If your solution resists reverse engineering and you can keep it confidential, a trade secret lasts indefinitely with no disclosure at all. But if someone independently develops it and files first, you can lose both ways.

Term and maintenance

A patent runs from grant until the end of 20 years from the filing date. Note the arithmetic: examination time eats into the effective term — an application taking four years to grant leaves sixteen years of exclusivity. Annual maintenance fees are due; missing one is the commonest cause of early lapse.

2026 updates

From 1 April 2026, substantive examination of patent applications is capped at 7 months from publication, and eligible applications may request accelerated examination under Article 14a of the amended Decree 65/2023.

Decree 100/2026/ND-CP also addresses how industrial property rights arise where the subject matter was created using an AI system — the AI is not a rights holder, but a person using AI as a tool with a substantial creative contribution may be recorded as the inventor.

Cited documents

Sources