Skip to main content
IP Check-In
envi

World 4 · Innovation Scout · Lesson 13

Inventions, patents and industrial designs

A patent protects how something works; an industrial design protects how it looks. One product can raise both questions.

  • 5 min
  • Jurisdictions: International / treaty, Australia, Vietnam
  • Last reviewed: 19 October 2026

Draft — awaiting editorial review

Educational content, not legal advice. Lessons are drafts awaiting editorial review.

You will learn to

  • State the three patent criteria at treaty level.
  • Tell a patent, a Vietnamese utility solution and an industrial design apart.
  • Explain why a patent or design registration only has effect in the territory that grants it.

What a patent protects

An invention is a technical solution — a product or a process — to a specific problem. Under the TRIPS Agreement (Article 27), patents are available for inventions that are new, involve an inventive step and are capable of industrial application; each country's law expresses these criteria in its own words. A general idea that has not become a concrete solution is usually not protected. A patent is a time-limited exclusive right — under TRIPS (Article 33) at least 20 years from the filing date — given in exchange for disclosing the invention publicly. In Australia a standard patent lasts up to 20 years (longer for some pharmaceutical patents) if renewal fees are paid.

A second tier: Vietnam and Australia

Vietnam's IP law has two kinds of protection title for a technical solution: the patent for invention (bằng độc quyền sáng chế) and the utility solution patent (bằng độc quyền giải pháp hữu ích). A utility solution has a lower threshold and a shorter term than an invention patent; check the exact conditions against the current law. Australia once had the "innovation patent" in a similar role, but it has been phased out: according to IP Australia the last day to file a new one was 25 August 2021. Those filed by that date continue until they expire. A founder in Australia today cannot file an ordinary new innovation patent.

Industrial designs: protecting appearance

An industrial design protects the outward appearance of a product — its shape, lines, colours or pattern — not how the product works. IP Australia describes a design right as protecting the overall visual appearance of a tangible product, not how it was designed technically, what it does or what it is made of. In Australia a design right lasts up to 10 years, with renewal due at year five, and getting one is a two-part process: registration, and then — on request — examination to certify it, which is needed before the right can be enforced. In Vietnam a design is protected by an industrial design patent (bằng độc quyền kiểu dáng công nghiệp). Patents and designs are both territorial.

Try a scenario

Linh runs a small workshop in Da Nang. She has made a bike rack with a new quick-lock mechanism and a very recognisable curved shape. She plans to sell in Vietnam and Australia.

What is the most sensible approach before she meets an adviser?

Check your understanding

ModeSee the explanation after each question.

Pass mark: 80% — for this lesson that means every question.

Question 1 of 4Under the TRIPS Agreement, what are the three criteria for a patentable invention?

Take away

Ask separately: how it works (patent), how it looks (design), and in which country.

Apply it to your IP

Nothing runs or is saved on its own. Each option only opens a tool when you choose it.

What this lesson cannot tell you

This lesson states general principles. It cannot tell you whether your particular product qualifies; criteria, terms and fees differ by country and change over time.

Official references