Expedited Trademark and Patent Examination in Vietnam 2026: Reduced to 3 Months

Expedited trademark and patent examination shortens the processing time for IP registration applications, which becomes an urgent need for businesses, particularly in high-tech fields, innovation, and manufacturing businesses that require rapid licensing. Recently, Decree 100/2026/ND-CP amending Decree 65/2023/ND-CP and Circular 10/2026/TT-BKHCN have added provisions on expedited substantive examination for patent registration and trademark registration applications. Updating the details of the regulations, conditions, and procedures for requesting an expedited trademark examination and accelerated patent examination under the latest rules will help organizations and individuals proactively build effective strategies to protect intellectual property rights, limit legal risks, and accelerate the commercialization of intellectual property assets. This article of Viet An Law will provide a comprehensive guide on the expedited trademark and patent examination in Vietnam 2026: reduced to 3 months.

Standard examination timeframes for trademark and patent registration in Vietnam

According to Article 119 of the Law on Intellectual Property 2005, amended and supplemented in 2010 and 2025, the standard examination timeframes for trademark and patent registration applications are prescribed as follows:

Formality examination

Within one month from the filing date.

Substantive examination

• For patents: Not exceeding eighteen (18) months from the date of application publication if the request for substantive examination is filed before the application publication date, or from the date of receipt of the request for substantive examination if such request is filed after the application publication date;
• For trademarks: Not exceeding nine (09) months from the date of application publication.

New regulations on expedited trademark and patent examination reduced to 3 months in Vietnam from April 1, 2026

Clause 44, Article 1 of the amended Law on Intellectual Property 2025, effective from April 1, 2026, has added Clause 2a after Clause 2, Article 119 of the Law on Intellectual Property 2025 as follows:

“2a. In cases prescribed by the Government, the applicant has the right to request an expedited substantive examination for a patent registration application or a trademark registration application. The expedited substantive examination shall be conducted within three months from the time prescribed in point a or point b, Clause 2 of this Article.”

Compared to the standard substantive examination timeframe of up to 18 months (for patents) and 9 months (for trademarks), the new regulation allows for a 3-month trademark examination and expedited patent timeline, calculated from the commencement of the substantive examination.

In the context of the continuously increasing number of patent and trademark registration applications in Vietnam in recent years, this is considered a critical reform step in the field of intellectual property, contributing to:

• Promoting innovation activities;
• Accelerating the commercialization of intellectual property assets;
• Supporting businesses in rapidly completing legal conditions to bring products to the market;
• Enhancing the competitiveness of Vietnamese enterprises in high-tech, healthcare, energy, industrial manufacturing, and other strategic sectors.

In particular, this mechanism is highly significant for patents serving national defense, security, natural disaster and epidemic prevention, or products requiring rapid licensing to meet the urgent needs of society. This highlights the importance of intellectual property legal consulting to navigate these fast-track IP registration procedures effectively.

Latest conditions for expedited trademark and patent examination in Vietnam from 2026

To guide the provisions of Clause 2a, Article 119 of the Law on Intellectual Property, Article 17 of Decree 100/2026/ND-CP supplements Article 14a after Article 14 of Decree 65/2023/ND-CP regarding the expedited substantive examination for patent registration and trademark registration applications. Specifically, the conditions are prescribed as follows:

For patent registration in Vietnam

A patent registration application in Vietnam shall undergo an expedited substantive examination when it simultaneously meets the following conditions:

• Area: The patent must belong to:
  • List of strategic technologies and strategic technology products (according to the law on high technologies) OR
  • Be researched and exploited for emergencies (security, national defense, natural disasters, epidemics).
• Exploitation status: The patent, as the subject matter stated in the application, has been commercially exploited.
• Early publication request: Must be submitted precisely at the time of filing the registration application.
• Number of protection claims: The application has no more than 10 protection claims, including no more than 02 independent claims.
• Application type: It is not a divisional application or a converted application.
• Fees: The expedited substantive examination fee has been paid as prescribed.

For trademark registration in Vietnam

A trademark registration application in Vietnam shall undergo an expedited substantive examination when it simultaneously meets the following conditions:

• Applicable subjects (falling into 1 of 2 cases):
  • Use for technology/emergency products: The trademark is used for goods manufactured under a patent belonging to the List of strategic technologies, strategic technology products, or patents serving security, national defense, natural disasters, or epidemics;
  • Mandatory documents for business: The trademark registration certificate is a mandatory document/condition required when performing registration procedures or applying for a license to operate production and business activities.
• Filing method: It is an application filed directly with the state management agency for industrial property rights (not applicable to international applications under Article 120 of the Law on Intellectual Property).
• Excluded trademark types: It is not a collective trademark, certification trademark, three-dimensional trademark, or sound trademark.
• Scope of the list of products: If the application registers for multiple goods and services, the condition regarding “Applicable subjects” mentioned above must be met for all such goods and services.
• Fees: The expedited substantive examination fee has been paid as prescribed.

Latest procedures to request an expedited patent, trademark examination in Vietnam from 2026

The procedures for requesting an expedited trademark examination and accelerated patent examination are specifically stipulated in Article 26 of Circular 10/2026/TT-BKHCN, as follows:

Dossier components

• A declaration requesting an expedited substantive examination according to Form No. 13 in Appendix I of Circular 10/2026/TT-BKHCN (contact Viet An Law for more information).
• Documents proving that the patent has been commercially exploited for a period not exceeding 12 months up to the filing date.
• Note: The applicant must pay all required fees and charges as prescribed for the application to be received.

Receiving and processing procedures

Cases where the expedited substantive examination request does not meet the conditions:

• The Vietnam National Office of Intellectual Property (NOIP) shall issue a notice regarding the examination result of the expedited substantive examination request;
• This notice will clearly state the intended reasons for refusal or deficiencies and set a time limit of 10 working days from the issuance date of the notice for the applicant to provide an opinion or correct the deficiencies.
• If the above time limit expires and the applicant fails to correct the deficiencies, makes unsatisfactory corrections, submits no opposing opinion, or submits an unjustified opposing opinion, within 10 working days from the expiration date of the aforementioned time limit, the Vietnam NOIP shall issue a notice refusing the expedited substantive examination request, and the corresponding patent registration application will continue to be processed under standard regulations.

Cases where the expedited substantive examination request meets the conditions:

• The expedited substantive examination request shall be published concurrently with the publication of the patent registration application and shall undergo substantive examination within 3 months, except where the patent registration application is determined to be invalid.

Note on cases transferred to the standard procedure:

A patent registration or trademark registration application requesting expedited substantive examination shall continue to be processed under the standard timeframe in the following cases:

• The expedited substantive examination request does not meet the conditions;
• Disputes, complaints, or opposing opinions arise regarding the patent registration or trademark registration application requesting expedited substantive examination;
• The sign in the trademark registration application requesting expedited examination is identical or similar to a sign in another person’s trademark registration application with an earlier filing date, in cases where the application enjoys priority rights and has not yet been fully processed;
• The applicant proactively amends, supplements, or divides the patent registration or trademark registration application after an expedited substantive examination request has been made.

Important notes when applying for the expedited patent examination procedure under the latest Vietnamese 2026 regulations

Ensuring the dossier has no formal errors from the beginning

• Because the fast-track IP registration mechanism requires shortening the processing time, the dossier must be prepared accurately right from the time of filing. Errors such as incorrect classification of goods and services, missing documents, incorrect applicant information, or improperly presented protection claims can all cause the expedited examination request to be refused or prolong the processing time.
• For patent applications, special attention must be paid to the condition regarding the number of protection claims under Article 14a of Decree 100/2026/ND-CP, specifically no more than 10 protection claims and no more than 02 independent claims. Furthermore, the early publication request must be submitted concurrently with the patent registration application.
• Businesses should carefully review the dossier before filing, conduct preliminary trademark searches, and standardize the patent description to limit the risk of deficiencies arising during processing.

Proactively monitoring and responding to notices from the Vietnam NOIP on time

• During the dossier processing, if the Vietnam NOIP requests amendments, supplements, or explanations, the applicant must respond within the prescribed time limit stated in the notice. According to Article 26 of Circular 10/2026/TT-BKHCN, the time limit for responding to deficiencies is typically only 10 working days.
• If the response is delayed, corrections are unsatisfactory, or multiple extensions are requested, the expedited examination request may be refused, and the dossier will revert to the standard processing procedure.
• Therefore, businesses must regularly monitor the processing progress of the application, proactively prepare explanation plans, and strictly minimize requests to extend the response deadline.

The quality of supporting documents is the decisive factor

• One of the crucial grounds for the Vietnam NOIP to consider and accept an expedited examination request is the supporting documents attached to the dossier.
• For patent applications, the applicant must prove that the patent has been commercially exploited through documents such as commercial contracts, invoices, production records, or product circulation documents.
• For trademark applications, if the expedited examination request aims to serve the procedures for obtaining a business license, the enterprise must provide documents proving that the trademark registration certificate is a mandatory condition under specialized regulations.
• In addition, the explanation letter must be presented clearly and logically, cite the correct legal bases, and clarify the urgency of applying the expedited examination mechanism. In practice, many dossiers are refused not because they are ineligible, but because the supporting documents are incomplete or lack persuasive power. Consulting with experts for intellectual property legal consulting can prevent these evidentiary pitfalls.

Frequently asked questions (FAQ)

What is the actual timeframe for expedited trademark and patent examination under Decree 100/2026/ND-CP?

According to Clause 2a, Article 119 of the amended Law on Intellectual Property 2025, the expedited substantive examination timeframe is 03 months from the time the substantive examination begins. However, the actual time also depends on the validity of the dossier and whether any oppositions or disputes arise. This is why following the expedited patent examination procedure strictly is essential.

Can applications submitted before Decree 100/2026/ND-CP takes effect be supplemented with an expedited examination request?

According to Article 14a of Decree 65/2023/ND-CP (supplemented by Decree 100/2026/ND-CP), the expedited examination request must be filed concurrently with the registration application. Therefore, in principle, applications submitted previously will not be permitted to supplement an expedited examination request.

How will the application be processed if the expedited examination request is refused?

In cases where the expedited examination request is not accepted, the registration application will still continue to be processed under the standard procedure and will not lose the filing date or the applicant’s priority rights.

The above is an update on the new regulations regarding the expedited trademark and patent examination in Vietnam 2026: reduced to 3 months. Clients and businesses in need of intellectual property legal consulting are encouraged to contact Viet An Law – an IP representation organization with many years of experience in the field of registering and protecting industrial property rights in Vietnam.