Patent Registration in Vietnam

According to statistics released by the Intellectual Property Office of Vietnam (IP Vietnam) in early 2025, the office received 151,489 applications of all types in 2024. It is 2.2.% higher compared to the previous year, which includes 88,355 applications for the establishment of industrial property rights (an increase of 4.5%). The Office granted 51,437 industrial property protection titles of various types (a rise of 46%). Specifically, from 2014 to 2023, the number of patent/utility solution applications filed in Vietnam grew by an average of 9.8% per year. This reflects the steadily rising demand for patent protection. To protect the rights of patent owners before filing a patent application, Viet An Law has compiled the key legal provisions relevant to patent registration, as outlined below.

Conditions to note during patent registration in Vietnam

In Vietnam, an invention is eligible for protection in the form of either:

• Patent for an invention, or
• Patent for a utility solution

Subject to meeting the statutory criteria and conditions prescribed by law:

An invention is considered novel if it does not fall under any of the following circumstances:

• It has been publicly disclosed through use, written description, or any other form in Vietnam or abroad, before the filing date of the patent application, or before the priority date in cases where the application claims priority.
• It has been disclosed in another patent application with an earlier filing or priority date, but published on or after the filing date or priority date of the current application.

An invention is considered to involve an inventive step if, based on technical solutions already publicly disclosed through use, written description, or any other form in Vietnam or abroad before the filing date or the priority date (where priority is claimed), the invention represents a creative advancement that could not be easily created by a person of ordinary skill in the relevant technical field.

An invention is considered industrially applicable if it can be manufactured, mass-produced, or repeatedly applied in a process that is the subject matter of the invention, and consistently yields stable results.

Patent subject matter eligibility

A technical solution eligible for patent protection refers to a set of necessary and sufficient technical information and/or technical means applying the laws of nature to solve a specific task or problem.

To be patentable, a technical solution typically exists in one of the following forms:

• Technical solution in the form of a product;
• Products in the form of physical objects or structures, such as tools, machinery, equipment, components, electrical circuits,…
• Products in the form of substances, including elements, compounds, and mixtures, such as materials, compositions, food, pharmaceuticals,…
• Products in the form of genetic resources or traditional knowledge: genetic resources and traditional knowledge of genetic resources under access and benefit-sharing agreements.
• Technical solution in the form of a process or method, such as manufacturing processes, diagnostic techniques, forecasting methods, testing methods, treatment methods,…
• Secret inventions: inventions determined by a competent authority to constitute state secrets under the law on the protection of state secrets.

Note: Article 59 of the Intellectual Property Law specifies the subject matters not eligible for patent protection, including:

• Discoveries, scientific theories, and mathematical methods;
• Schemes, plans, rules, and methods for performing mental acts, training animals, playing games, doing business, and computer programs;
• Methods of presenting information;
• Solutions purely of an aesthetic nature;
• Plant varieties and animal breeds;
• Processes for the production of plants or animals that are principally biological, other than microbiological processes;
• Methods for the prevention, diagnosis, and treatment of diseases in humans and animals.

Priority principle in patent applications

When there are multiple patent applications for identical or equivalent inventions, the protection title shall be granted only to the invention in the valid application that has the earliest priority date or, if no priority is claimed, the earliest filing date, among those that meet the conditions for protection (Clause 1, Article 90 of the Intellectual Property Law).

A priority claim must meet the following requirements:

• The applicant is a Vietnamese citizen, or a citizen of a country that is a member of the Paris Convention, or is a resident of, or has a manufacturing or business establishment in, Vietnam or in a Paris Convention member country.
• The first application was filed in Vietnam or a Paris Convention member country, and that application contains a request for claiming patent priority.
• The subsequent patent application is filed within six (06) monthsfrom the filing date of the first application. The priority period is calculated from the filing date of the first application, excluding that date itself.
• The applicant clearly states the priority claim in the subsequent application. If the first application was filed abroad, the applicant must submit a certified copy of the first application issued by the receiving office where it was filed.
• The prescribed fee for claiming priority is fully paid.

Guidance on patent search before filing for protection

Preliminary Search on the Patentability of an Invention in Vietnam

To conduct a preliminary search on the patentability of an invention, applicants can use the following free online patent databases:

• Google Patents: A global patent database developed by Google, accessible at: https://patents.google.com/
• IP Vietnam: The official patent database developed by the Intellectual Property Office of Vietnam.

However, searching for these databases can be complex, time-consuming, and, in some cases, not up-to-date with actual filing and examination status. For greater accuracy, clients may send invention-related documents to Viet An Law for an in-depth search before filing a patent application.

Profound Patent Search Before Filing in Vietnam

An profound patent search is entirely voluntary for applicants in Vietnam. Nevertheless, it is strongly recommended, as it serves as the first and most important step in assessing whether an invention is worth filing for protection.

It should be noted that the results of a patent search are for reference purposes only and do not constitute a legal basis for the grant of a protection title.

Documents to prepare when using Viet An Law’s Patent Registration Services

• Information about the inventor(s);
• Information about the patent owner;
• Description of the invention, particularly details demonstrating its novelty;
• Drawings of the invention (if applicable);
• Documents proving the right to file (if the right is acquired from another party), e.g., Assignment of the Right to File an Application (if applicable);
• Documents proving the priority right (if the patent application claims priority);
• Signed Power of Attorney authorising Viet An Law to carry out the procedure.
• Viet An Law will prepare the complete application dossier for patent registration and send it to the client for review before the firm’s industrial property representative signs and applies on the client’s behalf.

How to File a Patent Application in Vietnam

Under Article 89 of the Vietnam Intellectual Property Law, a patent application in Vietnam may be filed as follows:

• Vietnamese organisations and individuals, foreign individuals residing in Vietnam, and foreign organisations and individuals with a manufacturing or business establishment in Vietnam may file a patent application directly with the Intellectual Property Office of Vietnam (IP Vietnam) or through a lawful representative in Vietnam (such as an IP representative – e.g., Viet An Law).
• Foreign individuals not residing in Vietnam, foreign organisations, and individuals without a manufacturing or business establishment in Vietnam must file a patent application through a lawful representative in Vietnam.

Patent applications may be submitted:

• In paper form, directly to the state authority for industrial property rights; or
• In electronic form, via the online filing system.

Processing Time for Patent Registration

Under Articles 110 and 119 of the Intellectual Property Law, from the date a patent or utility solution application is received by IP Vietnam, it shall be examined according to the following process:

• Formal Examination– Within 01 month from the filing date.
• Publication of the Patent/Utility Solution Application:
  • A patent/utility solution application is published in the 19th month from the priority date or the filing date (if there is no priority claim), or within 02 months from the date of acceptance of a valid application, whichever is later.
  • A PCT application (Patent Cooperation Treaty) entering the national phase in Vietnam is published within 02 months from the date of acceptance of a valid national phase application.
  • Applications with an early publication request will be published within 02 months from the date the Intellectual Property Office of Vietnam (IP Vietnam) receives the request or from the date of acceptance of a valid application, whichever is later. To request early publication, the applicant must submit a written request stating the reasons for early publication. No fees or charges are required for such a request.
• Substantive Examination – No later than 18 months from the publication date if the request for substantive examination is filed before publication, or from the date IP Vietnam receives the request if it is filed after publication.

In the case where the application for industrial property rights does not fall under any grounds for refusal and the applicant has paid the required fees, the competent state authority will issue the Patent/Utility Solution Protection Certificate. Once granted, the patent will be recorded in the National Register of Industrial Property.

Fees for Patent/ Utility Solution Registration

According to Circular No.263/2016/TT-BTC, the applicable fees are as follows:

• Filing fee: VND 150,000
• Formal examination fee: VND 180,000 per independent claim
• Additional formal examination fee (from the 7th page of the specification onwards): VND 8,000 per page
• Publication fee: VND 120,000
• Additional publication fee (from the 2nd figure onwards): VND 60,000 per figure
• Priority claim examination fee (if applicable): VND 600,000 per priority application
• Search fee (to serve the examination process): VND 600,000 per independent claim
• Substantive examination fee: VND 720,000 per independent claim
• Additional substantive examination fee (from the 7th page of the specification onwards): VND 32,000 per page.

Note: Patent/utility solution applications must be classified under the International Patent Classification (IPC) system. If the applicant fails to classify or makes an incorrect classification, the Intellectual Property Office of Vietnam (IP Vietnam) will classify the invention, and the applicant must pay a classification fee of VND 100,000 per IPC classification.

Term of Protection for Patents in Vietnam

• According to Article 93 of the Intellectual Property Law, the term of patent protection in Vietnam is 20 yearsfrom the filing date of the application, provided that the annual maintenance fees are duly paid under the law. This means that any patent granted in Vietnam can be protected for a maximum of 20 years from the filing date, regardless of when the protection title is issued.
• For Utility Solution Patents (Utility Model Certificates), the protection is valid from the granted date. It lasts for a maximum of 10 yearsfrom the filing date, subject to the on-time payment of renewal fees.
• To maintain the validity of a Patent for Invention/ Patent for Utility Solution, the holder of the protection title must pay the prescribed maintenance or renewal fees within the required time limits.

Example of a granted patent

Patent No. 36061 issued by the Intellectual Property Office of Vietnam under Decision No. 30633/QĐ-SHTT dated May 16, 2023:

• Title of the invention: Process for preparing a nano-piperine microemulsion system
• Patent owner: Nhat Hai New Technology JSC (Vietnam) – Address: No. 9 BT2 Linh Dam Peninsula, Hoang Liet Ward, Hoang Mai District, Hanoi City
• Inventors: 1. Luu Hai Minh (VN), 2. (List attached)
• Application number: 1-2020-03131
• Filing date: June 2, 2020
• Number of independent claims: 01
• Number of description pages: 10
• Granted under Decision No.: 30633/QĐ-SHTT dated May 16, 2023
• Validity: From the grant date until the end of 20 years from the filing date (protection validity must be maintained annually).

For any questions or difficulties related to patent registration in Vietnam. Please do not hesitate to contact Viet An Law Firm for assistance at the most reasonable service fees!