# Patents and utility solutions Source: https://luatbanquyen.com/en/industrial-property/patents-and-utility-solutions · Updated: 2026-08-17 · Reviewed: 2026-08-17 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 - [Decree 100/2026/ND-CP amending Decree 65/2023/ND-CP on industrial property](/en/legal-documents/decree-100-2026-industrial-property) — In force - [Consolidated document 67/VBHN-VPQH — Law on Intellectual Property](/en/legal-documents/ip-law-consolidated) — In force ## Sources - [Conditions for patent protection and validity of protection titles — Điều 58–62, Điều 93](https://thuvienphapluat.vn/van-ban/So-huu-tri-tue/Van-ban-hop-nhat-67-VBHN-VPQH-2026-Luat-So-huu-tri-tue-700846.aspx) (67/VBHN-VPQH) - [Decree 100/2026/ND-CP — accelerated examination and AI provisions](https://luatvietnam.vn/cong-nghiep/nghi-dinh-100-2026-nd-cp-sua-doi-nghi-dinh-65-2023-ve-so-huu-tri-tue-430772-d1.html) (100/2026/NĐ-CP) - Next: [Trademarks — the procedure that matters most to businesses](/en/industrial-property/trademarks) --- Reference material only; it does not replace legal advice on a specific matter.