Patents Laws in Vietnam
Vietnam's patent system is governed by the Intellectual Property Law, which aligns with international standards such as the Patent Cooperation Treaty (PCT) and the Paris Convention. The National Office of Intellectual Property of Vietnam (NOIP) is the central authority responsible for patent administration.
🧪 Patent Types
Vietnam recognizes two primary types of patents:
Invention Patents: Granted for technical solutions that are novel, involve an inventive step, and are industrially applicable.
Utility Solution Patents: Granted for technical solutions that are new and capable of industrial application but may not meet the inventive step requirement of invention patents.
✅ Patentability Criteria
To be patentable in Vietnam, an invention must:
Be novel
Involve an inventive step
Be industrially applicable
Not fall into non-patentable categories, such as:
Scientific discoveries
Mathematical methods
Schemes, plans, or methods for performing mental acts, playing games, or doing business
Computer programs
Presentations of information
Aesthetic creations
Plant or animal varieties
Essentially biological processes for plant or animal production
Methods for the prevention, diagnosis, or treatment of diseases in humans or animals
Additionally, inventions that contravene state regulations, social morality, or national defense and security are non-patentable
📝 Application Process
Filing: Submit a patent application to the NOIP, including:
Description of the invention
Claims
Abstract
Drawings (if necessary)
Priority documents (if claiming priority)
Power of Attorney (if filed through a representative)
Formality Examination: Conducted within 1–2 months to ensure compliance with procedural requirements.
Publication: Patent applications are published in the Industrial Property Gazette:
19 months from the filing or priority date for conventional applications
2 months from the acceptance date for PCT applications .
Substantive Examination: Request must be filed within 42 months for invention patents and 36 months for utility solution patents from the filing or priority date. The examination typically takes about 18 months .
Grant: Upon successful examination, a Notice of Intention to Grant is issued. The applicant must pay the grant fee and the first annual maintenance fee within 3 months. Subsequent annuities are due annually, with a 6-month grace period .
Paris Convention: Vietnam is a member, allowing applicants to claim priority within 12 months from the first filing date.
PCT: Vietnam is a contracting state, enabling applicants to file a single international application for protection in multiple countries.
Budapest Treaty: Vietnam became a member in 2021, facilitating the deposit of microorganisms for patent purposes .
⏱️ Timeline
Total Duration: The patent application process in Vietnam typically takes 4 to 6 years, depending on various factors .
⚠️ Important Considerations
First-to-File System: Vietnam operates on a first-to-file basis, meaning the first applicant to file a patent application for an invention has the right to the patent, regardless of who invented it
Grace Period: Vietnam does not provide a grace period for public disclosure. Public disclosure before filing can jeopardize the novelty of the invention.
Maintenance Fees: Failure to pay annual maintenance fees can result in the loss of patent rights.
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