40. Is it possible to change a utility patent into an invention patent in Vietnam?
YES. In Vietnam, the fields covered by patents for invention and patents for utility solution are the same. The application documents for the two kinds of matters are also the same. The requirements for invention are (1) novelty over the world, (2) inventive step and (3) industrially applicable. The requirements for utility solution are (1), (3) and that a utility solution is not ordinary knowledge. The period of protection is 20 years for patents for invention and 10 years for patents for utility solution, from the filing date. During prosecution, a patent application for invention CAN BE CONVERTED into a patent application for utility solution and vice versa.
41. Can we file both an invention and a utility modle at the same time?
NO. It is impossible for filing both an invention and a utility model for the same technical solution at the same time.