A patent is a technical solution in the form of a product or process aimed at resolving a specific problem by applying the laws of nature. A patent for invention is granted if the solution meets the criteria of novelty, inventive step, and industrial applicability. A patent for utility solution (utility model) is granted if it possesses novelty that is not considered common knowledge and has industrial applicability.
During the process, the applicant can convert a patent application for invention into a patent application for utility solution and vice versa. This conversion occurs when the applicant, who initially filed for a patent or utility model, wishes to change the form of protection and submits a request for conversion.
(i) Time Limit
According to the regulations of the Intellectual Property Law, before the Intellectual Property Office of Vietnam (IP Vietnam) issues a decision to refuse formal acceptance of the application, a decision to grant, or a decision to refuse the grant of a patent, the applicant can file a request for converting a patent application into a utility model application and vice versa. Therefore, the applicant may only perform the conversion before IP Vietnam issues a decision to refuse formal acceptance of the application or a decision to grant or refuse a patent.
After receiving a valid request for conversion, IP Vietnam will continue to handle the conversion application according to the relevant regulations without repeating the procedures conducted prior to the conversion request.
(ii) Procedures
The documents required for the conversion include:
- Application form based on Form 01-SC, Appendix A of Circular No. 01/2007/TT-BKHCN.
- Description of the invention/utility model.
- Document requesting the conversion of the patent/utility model application.
- Power of attorney (if the application is filed by an IP agent).
- Filing fee (150,000 VND) and publication fee.
The converted application will be assigned a new application number and will retain the filing date or the priority date of the original application. The original application will be considered withdrawn at the time the conversion request is submitted.
The application for conversion can be filed directly at the Registration Department of IP Vietnam or submitted online through the IP Vietnam online public service portal.
Should you have any questions, please email us at ip@vnna.com.vn.
