Publishing a scientific paper, presenting at a conference, exhibiting at a trade fair or offering a product for sale before filing a patent application — these seemingly harmless acts can destroy an invention’s novelty and block the grant of a patent. But pre-filing disclosure does not mean all rights are lost: Vietnamese law provides a 12-month “grace period” to salvage the situation under certain conditions.
When is an invention deemed to have lost novelty?
Under Article 60.1 of the Law on Intellectual Property (Consolidated Document 67/VBHN-VPQH), an invention loses novelty if: (a) it has been publicly disclosed by means of use, written description or any other form, in the country or abroad, before the filing date (or priority date); (b) it is disclosed in another invention application with an earlier filing/priority date but published on or after the applicant’s filing date. Conversely, disclosure to only “a limited number of persons who are obliged to keep it secret” is not deemed public disclosure (Article 60.2) — the legal basis for signing an NDA before filing.
Applicable legal framework and effect
The current framework comprises Law on Intellectual Property 50/2005/QH11 consolidated in Consolidated Document 67/VBHN-VPQH (23 March 2026) — including Law 131/2025/QH15 (effective 1 April 2026); note that Law 131/2025 did not amend Article 60. Evidentiary documents for the novelty exception are governed by Article 20.2 of Circular 10/2026/TT-BKHCN (effective 1 April 2026), replacing Circular 23/2023/TT-BKHCN.
The saving exception: the 12-month grace period (Article 60.3)
The key point: an invention is not deemed to have lost novelty where the public disclosure was made by the person entitled to register (Article 86) or by a person who obtained information on the invention directly or indirectly from that person, provided the invention application is filed in Vietnam within 12 months of the disclosure date (Article 60.3). The law does not limit the form of disclosure: papers, conferences, exhibitions, offers for sale, online postings — all qualify as long as the disclosing party is the right person. The 12-month grace period dates from Law 42/2019/QH14 (Article 2.2, effective 1 November 2019) — the “6 months for 3 narrow cases” rule (unauthorised disclosure/scientific report/exhibition) is old law and no longer applies to inventions.
Extended exception (Article 60.4)
Article 60.3 also applies where the invention is disclosed in an industrial property application or protection title unlawfully published by the state industrial property management authority, or filed by a person not entitled to register. In other words, where information leaks against the right holder’s will, the law still offers a rescue.
The grace period also protects inventive step (Article 61.2)
A technical solution disclosed under Articles 60.3 and 60.4 must not be used as a basis for assessing the inventive step of that very invention (Article 61.2). The 12-month grace period thus protects both criteria: novelty and inventive step.
Evidence to prepare
Under Article 20.2 of Circular 10/2026/TT-BKHCN, the applicant must submit documents relating to the disclosure to prove eligibility for the exception; documents are filed together with the application or supplemented under the application amendment procedure (Article 115). The practical evidence package has 3 groups: (i) documents establishing the disclosure date; (ii) documents establishing the form and content of the disclosure; (iii) documents proving the disclosing party is the person entitled to register or received the information directly/indirectly from that person. Tip: preserve evidence from the moment of disclosure (publication date, content archive).
Cases that cannot be saved
The grace-period door closes when: (i) the discloser is an independent third party — not having received the information from the person entitled to register — disclosing before the filing date: absolute loss of novelty; (ii) more than 12 months have passed since the self-disclosure before filing; (iii) the invention is disclosed in another invention application with an earlier filing/priority date (Article 60.1(b)) not falling under Article 60.4.
Distinguishing other subject matters: don’t mix up the numbers
The 12-month grace period applies to inventions only (Article 60.3). For industrial designs, the grace period is 6 months (Article 65.4); for layout-designs of semiconductor integrated circuits, 2 years from first commercial exploitation (Article 71.2). Three numbers for three different subject matters — do not interchange them.
Risks and practical recommendations
Despite the 12-month grace period, filing before disclosure remains the safest course: Vietnam’s grace period is not automatically recognised by other countries when filing abroad, and the burden of proving the origin and date of disclosure in a real dispute is far from light. If disclosure has already happened: count down 12 months from the disclosure date, assemble the 3-group evidence package immediately, and sign NDAs for all further exchanges before the application is filed.
Frequently asked questions
A scientific paper on the invention is already published — can I still file?
Yes, if the application is filed in Vietnam within 12 months of publication and the discloser is the person entitled to register (or received the information directly/indirectly from that person) — the invention is not deemed to have lost novelty (Article 60.3). Supporting documents under Article 20.2 of Circular 10/2026/TT-BKHCN must be submitted.
Is the novelty grace period for inventions 6 or 12 months?
12 months (Article 60.3 of the Law on Intellectual Property, in force since Law 42/2019/QH14). The 6-month figure is old law and no longer applies to inventions (6 months is the industrial design grace period under Article 65.4).
What if a competitor independently developed and disclosed it first?
It cannot be saved. Disclosure by an independent third party (not having received the information from the person entitled to register) before the filing date causes absolute loss of novelty — the Article 60.3/60.4 exceptions do not apply.
What if more than 12 months have passed before filing?
The Article 60.3 exception is no longer available. The invention has lost novelty through its own disclosure and does not qualify for a Vietnamese invention patent.
Sources
- Law on Intellectual Property 50/2005/QH11, consolidated in Consolidated Document 67/VBHN-VPQH (23 March 2026) — Articles 60.1, 60.2, 60.3, 60.4, 61.2, 65.4, 71.2, 86, 115 (including amendments by Law 131/2025/QH15, effective 1 April 2026 — Law 131/2025 did not amend Article 60);
- Circular 10/2026/TT-BKHCN (effective 1 April 2026) — Article 20.2.
Disclaimer: This article is for general reference only and does not replace legal advice for any specific case.
Content transparency: Content quality-checked by the AI Legal Council; not reviewed by a human lawyer.
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