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Difference between Invention and Industrial Design

21/06/2023 - 213

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To distinguish invention and industrial design, we can compare based on the following criteria: Criteria Invention Industrial Design Definition Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature. An invention shall be protected by mode of grant […]

To distinguish invention and industrial design, we can compare based on the following criteria:

Criteria Invention Industrial Design
Definition Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.

An invention shall be protected by mode of grant of invention patent or utility solution patent.

Industrial design means a specific appearance of a product embodied in three-dimensional configurations, lines, colors or a combination of these elements and easily visible in use.
Conditions An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:

  • Being novel;
  • Being inventive;
  • Being susceptible of industrial application.

Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:

  • Being novel;
  • Being susceptible of industrial application.
An industrial design shall be protected when it satisfies the following conditions:

  • Being novel;
  • Being inventive (An industrial design shall be considered inventive if it cannot be easily created with average knowledge in related areas.);
  • Being susceptible of industrial application;
  • Not being included in objects inelligible for protection stated in Article 64 of IP Law.
Validity 20 years after the filling date (for an invention patent)

10 years after the filling date (for an invention patent)

5 years after the filling date and can be renewed twice, each of 5 years
Application
  • 02 Declaration for registration;
  • 02 Descriptions of the invention or utility solution;
  • 02 Summaries of the invention or utility solution;
  • Fee and charge receipts;
  • Power of attorney (if necessary);
  • Paper on assignment of the right to file an application (if any);
  • Documents certifying the lawful right of registration (if necessary);
  • Documents evidencing the right of priority (if any).
  • 02 Declaration for registration;
  • 01 Descriptions of the industrial design;
  • 04 Photos or drawings of the industrial design;
  • Fee and charge receipts;
  • Power of attorney (if necessary);
  • Paper on assignment of the right to file an application (if any);
  • Documents certifying the lawful right of registration (if necessary);
  • Documents evidencing the right of priority (if any).
Duration Proceeding:

  • Formality Examination: from 01 to 03 months after the filling date
  • Publication: 19 months from accept date of the valid application
  • Substantive Examination: 18 months from publication date
Proceeding:

  • Formality Examination: from 01 to 03 months after the filling date
  • Publication: 19 months from accept date of the valid application
  • Substantive Examination: 18 months from publication date

 

Ngoc Anh Tr.

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