Patent Filing in Vietnam

Quick summary

Legal basis

• Law on Intellectual Property No. 50/2005/QH11, as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14 and Law No. 07/2022/QH15 (effective from 01/01/2023).
• Decree No. 65/2023/ND-CP (provisions on PCT applications entering the national phase); Circular No. 23/2023/TT-BKHCN.
• Articles 58–62 (protection conditions), Article 93 (patent term), Article 113 (request for substantive examination), Article 119 (application processing time limits) of the Law on Intellectual Property.

Update note: Law No. 131/2025/QH15 (effective from 01/4/2026) introduces several new points: shortened application processing times (substantive examination of inventions down to 12 months), the time limit for requesting substantive examination reduced to 36 months for applications filed from 01/4/2026, added security controls for inventions constituting state secrets, and a requirement that an inventor must be a human being. Always check the latest consolidated text when filing.

Inventions and utility solutions — which patent to choose

Vietnamese law grants two types of patents. An Invention Patent protects an invention satisfying all three conditions — novelty, inventive step, industrial applicability — with a term of 20 years from the filing date. A Utility Solution Patent protects a new technical solution that is industrially applicable — no inventive step required — with a term of 10 years.

For small improvements where “inventive step” is hard to prove, a utility solution is more practical: lower thresholds, faster grant. For breakthrough solutions with long-term value, pursue the 20-year invention patent. One application may switch the requested patent type during examination.

Whichever you choose, the scope of protection is defined by the “claims” — the most important part of the dossier, determining how much the business can monopolise and whether it can enforce against competitors.

Conditions for patent protection

Novelty (Article 60): not publicly disclosed in any form anywhere in the world before the filing date (or priority date) — including scientific publications, product sales, exhibitions, and online postings. This worldwide standard is why businesses must tightly control the disclosure of technical information before filing.

Inventive step (Article 61): constituting a creative advance over disclosed solutions, not easily created by a person of average skill in the field. This is the hardest condition and the most common ground for refusal.

Industrial applicability (Article 62): capable of being manufactured, mass-produced or repeatedly applied in a stable manner.

Not protectable as patents: discoveries, scientific theories, mathematical methods; methods of disease prevention, diagnosis and treatment; plant and animal varieties.

Patent application dossier

• Declaration for patent registration in the prescribed form;
• Description of the invention: presenting fully and clearly the nature of the technical solution so that a person of average skill in the field can carry it out;
• Claims: defining the scope of rights — the part of the application with the highest legal value;
• Drawings, illustrative diagrams (if needed);
• Abstract of the invention;
• Power of attorney (if filed through an industrial property representative organisation);
• Fee payment receipts; priority documents and their Vietnamese translation (if any).

Foreign applicants must file through an industrial property representative organisation in Vietnam. Foreign-language documents must be translated into Vietnamese — the quality of the technical terminology translation directly affects the scope of protection.

The key point: claims must be drafted by someone who understands both the technology and the law — too narrow and competitors circumvent easily; too broad and the application is rejected.

Examination process at IP Vietnam

Formality examination (01 month). The Office checks the validity of the application: the declaration, documents, the applicant’s standing, and the invention’s classification under the International Patent Classification (IPC).

Publication of the application (19th month). A valid application is published in the Industrial Property Official Gazette in the 19th month from the priority date (or filing date if no priority is claimed); the applicant may request early publication. From the time of publication, third parties may submit opinions on the grant of the patent.

Request for substantive examination — 36 months for inventions (applications filed from 01/4/2026 under Law No. 131/2025/QH15; applications filed earlier are subject to the 42-month limit), 36 months for utility solutions, from the filing date or priority date (Article 113). Notably: the Office only conducts substantive examination upon request and fee payment; if the deadline passes without a request, the application is deemed withdrawn.

Substantive examination (12 months under Law No. 131/2025/QH15 for applications filed from 01/4/2026; 18 months for applications filed earlier). The Office searches for novelty and assesses inventive step. This stage typically involves several rounds of exchange: search result notices, applicant responses, amendments to the claims. A qualifying application is granted the patent.

In practice the entire process usually takes 3–5 years — businesses need to factor this into commercialisation, fundraising or technology transfer plans, and may in parallel protect trade secrets for know-how they do not yet wish to disclose.

PCT applications entering the Vietnamese national phase

For a PCT application designating or electing Vietnam to enter the national phase, the applicant must file with IP Vietnam within 31 months from the priority date (or the international filing date if no priority is claimed) the documents required by Article 19(3) of Decree 65/2023/ND-CP: the declaration, a copy of the international application, a Vietnamese translation of the description and abstract, fee receipts, and the power of attorney.

Three practical points: the 31-month deadline is hard — missing it means losing the right, with no extension mechanism; PCT applications entering Vietnam must be filed through an industrial property representative organisation; the quality of the Vietnamese translation of the description and claims determines the scope of rights in Vietnam.

Conversely, Vietnamese applicants may choose IP Vietnam as the PCT receiving office and then designate the countries where protection is sought. Note: for inventions created in Vietnam that constitute state secrets in national defence and security, Law No. 131/2025/QH15 requires permission from the Ministry of National Defence or the Ministry of Public Security before filing abroad.

Maintaining patent validity

An Invention Patent is valid for 20 years and a Utility Solution Patent for 10 years, counted from the filing date (Article 93). To maintain validity, the patentee must pay annual maintenance fees; failure to pay on time may lead to termination of validity.

For a large patent portfolio, annual maintenance fees rising year by year are a significant cost — conduct periodic reviews: maintain patents that still have commercial or defensive value, and let obsolete ones lapse to save costs.

Common risks and how to prevent them

Disclosing the invention before filing. Scientific publications, offering sample products for sale, or posting technical details online before the filing date all destroy novelty. Internal procedure: every technical disclosure must pass an IP check. Before the filing date, the invention should be kept confidential as a trade secret — NDAs with employees and testing partners, control of technical documents.

Poorly drafted claims. Too narrow and they cannot stop competitors from circumventing; too broad and they are rejected. This is the part of the entire process most worth investing expert help in.

Missing the substantive examination request deadline. Once 36 months pass (inventions, applications filed from 01/4/2026) or 36 months (utility solutions) without a request, the application is deemed withdrawn. Patent applications filed before 01/4/2026 are subject to the old 42-month limit. Maintain a tracking calendar for each application.

Missing the PCT 31-month deadline. There is no extension mechanism; one day late means losing the right to enter the Vietnamese national phase.

Disputes over the right to file with employees. An invention created in the performance of assigned duties belongs to the assigning party for filing purposes, unless otherwise agreed — this must be reflected in employment contracts, assignment decisions and inventor remuneration policies. Without clear agreements, disputes erupt when engineers leave or start their own businesses.

Underestimating AI-assisted inventions. Law No. 131/2025/QH15 requires that an inventor be a human being; an application may be refused or a patent invalidated where there is a basis to affirm the inventor is not human. R&D processes using AI must properly document the human role.

What FLAT LAW FIRM does

FLAT LAW FIRM works with technical experts to support businesses throughout the entire process: assessing protectability and searching reference patents; drafting descriptions and claims; filing national applications, PCT applications entering the Vietnamese national phase, and PCT applications originating from Vietnam; monitoring examination and responding to IP Vietnam’s notices over multiple rounds; maintaining validity, assigning and licensing patent rights.

We also advise on overall strategy: combining patents with industrial designs and trade secrets, building internal R&D confidentiality procedures, and IP clauses in employment and research contracts.

Frequently asked questions