Patent Application Process in Vietnam: A Comprehensive Guide For Chinese Enterprises

I. Vietnam’s Evolving IP Regime and Strategic Filing Principles

Vietnam’s patent system provides multiple avenues to protect technical innovations, ranging from invention patents and utility solutions to industrial designs. This guide, prepared by KENFOX IP & Law Office, a qualified IP Firm in Vietnam, outlines the entire patent application process in Vietnam, including available application routes, types of protection, eligibility criteria, step-by-step procedures, examination and appeal processes, official fees, and strategic considerations. It is tailored for foreign businesses entering Vietnam and focuses on Vietnam’s current laws and practices.

II. Foundational Legal and Institutional Framework

1. Applicable IP Legislation and International Treaties

Vietnam’s legal basis for IP protection is established primarily in the Law on Intellectual Property 2005, as amended in 2009, 2019, and 2022, with the 2022 amendments constituting the most comprehensive overhaul to date. This legal framework is designed to align with international obligations, reflecting Vietnam’s status as a member of the World Trade Organization (WTO) and adherence to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Vietnam is also party to key multilateral and bilateral IP instruments, notably the Paris Convention, the Patent Cooperation Treaty (PCT), the Madrid (trademarks) and Hague (industrial designs) systems, and trade agreements with robust IP chapters such as CPTPP and the EU–Vietnam FTA (EVFTA) (also RCEP).

Operational guidance and procedural detail are provided through Government Decrees and Ministerial Circulars. The current cornerstone is Decree No. 65/2023/ND-CP (effective August 23, 2023), which implements key provisions of the 2022 IP Law on industrial property and IP enforcement (replacing Decree 103/2006 and part of Decree 105/2006) and, for patents, elevates procedures for PCT national-phase filings, security control/secret inventions, electronic certificates, and compensation procedures for delays in pharmaceutical marketing authorization. Complementing the Decree at the ministerial level, Circular No. 23/2023/TT-BKHCN (effective November 30, 2023) provides the procedural templates and detailed workflows for establishing and protecting industrial property rights pursuant to Decree 65.

2. The Role of the NOIP/IP VIETNAM and Mandatory Representation

The Intellectual Property Office of Vietnam (IP VIETNAM or IPVN, formerly NOIP) is the central authority under the Ministry of Science and Technology responsible for receiving, examining, and granting industrial property rights. The head office in Hanoi conducts substantive examination and issuance of titles. IPVN also operates representative offices in Ho Chi Minh City and Da Nang, which serve applicants in the southern and central regions by accepting filings (including PCT national phase), handling formalities and fee payments, processing recordals/renewals, and providing applicant liaison/services. Substantive examination remains centralized at headquarters.

A fundamental procedural requirement for non-resident foreign applicants is the necessity of performing all patent prosecution activities exclusively through a Vietnamese registered patent attorney or agent. This mandatory local representation is not merely an administrative hurdle but a critical necessity for procedural compliance. Vietnamese examiners are known for strictly reviewing administrative details; for example, even a minor inconsistency in an applicant’s address across various documentation can trigger an Office Action (OA). Relying on experienced local counsel is essential for ensuring that filings adhere to all specific local requirements and for managing the detailed administrative scrutiny examiners apply to data fields, thereby avoiding potentially time-consuming and costly procedural delays. The local agent is the critical link in managing the strict compliance points unique to the Vietnamese system, such as the unextendable translation deadlines.

Key procedural deadlines require meticulous attention: the PCT National Phase entry deadline is 31 months from the priority date. The application for substantive examination must be filed within 42 months for an Invention Patent and 36 months for a Utility Solution. Due to practical examination delays – which often stretch the grant timeline to 3-4 years, exceeding the statutory 18 months -strategic utilization of acceleration methods, such as the ASEAN Patent Examination Co-operation (ASPEC) or utilizing foreign examination results, is vital. Furthermore, immediate filing of a Vietnamese translation of the patent specification is a non-negotiable legal requirement that significantly impacts patent validity.  

III. Types of Patent Protection and Eligibility Criteria

1. Invention Patent vs. Utility Solution: Scope, Term, and Strategic Differentiation

Vietnam offers two different types of protection for technical solutions: the Patent for Invention and the Patent for Utility Solution (often analogous to a Utility Model in other jurisdictions).  

A key difference lies in the duration of protection. Invention Patents are valid for 20 years from the filing date, whereas Utility Solution Patents are valid for 10 years from the filing date. However, once granted, the formal scope of legal protection is considered the same for both types of patents.  

The Utility Solution pathway offers a crucial strategic fallback. During the prosecution process, applicants possess the flexibility to convert an application originally filed as an “Invention Patent” into a “Utility Solution Patent”, and vice versa. This flexibility is often used when the invention is deemed to fall short of the high inventive step required for an Invention Patent but still meets the lower threshold for a Utility Solution. This conversion allows applicants to secure protection quickly under the lower “not common knowledge” standard rather than facing an outright refusal, a pathway that has been successfully utilized in practice.  

A procedural difference tied to the term of protection relates to the deadlines for requesting “substantive examination”: an Invention Patent requires the request within 42 months from the earliest priority date, while a Utility Solution requires the request within a shorter period of 36 months from the earliest priority date. This reduced deadline requires applicants considering the Utility Solution path, particularly those entering via the PCT route, to make strategic decisions and prepare the required documentation much earlier in the prosecution lifecycle. For a PCT application entering at 31 months, the applicant has only five months to file the substantive examination request for a Utility Solution, versus 11 months for an Invention Patent, demanding swift action from the local representative.  

2. Patentability Criteria

The eligibility for protection is determined by three main criteria, which differ notably in their requirements for the inventive component:

Table 1: Comparison of Invention Patent vs. Utility Solution in Vietnam

[1] Novelty (Absolute): An invention must be novel, meaning it has not been publicly disclosed anywhere in the world, either through use, written description, or any other form, before the filing date or priority date. An exception exists for limited disclosures known only to persons under an obligation of secrecy.  

[2] Inventive Step (Non-Obvious Hurdle): For an Invention Patent, the technical solution must involve inventive progress and cannot be easily created by a person skilled in the art, based on the existing technical solutions publicly disclosed before the priority date. For a Utility Solution, the requirement is lower: the invention must simply not be common knowledge.  

[3] Industrial Applicability: Both patent types must be capable of industrial applicability. This means the invention must be capable of being applied to mass production or manufacturing of a product, or it must be possible to repeatedly apply the process that is the subject matter of the invention to achieve stable results. Examination of industrial applicability is conducted before the assessment of novelty and inventive step.  

Critical Provisions: Grace Period

Vietnam uses absolute novelty (worldwide). However, Vietnam’s IP Law recognizes several exceptions to novelty loss. Vietnam offers a grace period to mitigate the risk of premature disclosure jeopardizing novelty (Article 60 of the IP Law).

The statute gives only three invention-specific rules on novelty:

(i) Confidential disclosure: An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret

(ii) 12-month grace period (general rule): An invention does not lose its novelty if it is directly or indirectly disclosed by the person entitled to registration or by the person who has information about the invention, provided that that the patent application is submitted in Vietnam within 12 months from the date of disclosure.

(iii) Erroneous/unauthorized publication by the authority or an ineligible filer: Novelty is not lost where the invention became known through publication of an industrial-property application or protection title by the competent IP authority in contravention of law or from publication of an application filed by a person ineligible for registration.

In order to avoid being deemed to have lost novelty in the exceptional cases under Article 60(3)–(4) of the IP Law, applicants must submit documents concerning the disclosure to prove they satisfy the conditions for the exception (Circular No. 23/2023/TT-BKHCN, Art. 16(5)(dd)). However, the Circular does not specify an exhaustive set of acceptable documents; rather, it requires evidence sufficient to establish the date, content, and provenance of the disclosure and that the Vietnam application was filed within 12 months as required by IP Law Article 60(3)-(4).

In practice, Chinese patent applicants should submit dated copies of the disclosure (e.g., slides/recordings, web captures), declarations identifying the entitled person and explaining how the third party obtained the information (if applicable), and proof the Vietnamese filing date falls within 12 months of the disclosure.

A real-world example: A patent applicant, from Thailand filed various patent applications in Vietnam, but not claiming priority from their patent applications filed earlier in Indonesia. The IP Office of Vietnam issued a refusal, stating that their VN application is not different from the one disclosed in Indonesia.

Several Vietnamese patent applications (part of a series of 38 applications from Thai client) are facing office actions (OAs) refusing novelty due to prior Indonesian applications filed by the same applicant. Since the Vietnamese applications did not claim priority from the Indonesian applications, the Indonesian applications’ publication dates preceding the Vietnamese filing dates are being used as prior art.

Discussions with the relevant examiners in Vietnam indicate it is difficult to overcome these refusals, citing Articles 60.3 and 60.4 of the IP Law and Article 18.38 of the CPTPP Agreement.

A possible strategy suggested is to submit evidence demonstrating that the publication of the Indonesian application was unlawful (e.g., published earlier than legally permitted) and to show that, absent such procedural errors, the publication date would have been on or later than the Vietnamese filing date. If accepted, this could prevent the Indonesian publication from being considered prior art under Article 60.4 of the amended Vietnam IP Law (2023).

Examples of potential violations may include, but are not limited to, the following:

• The application was published before all required documents and fees were duly submitted.
• The application was published before meeting certain procedural milestones (e.g., before issuance of an acceptance notice or before the statutory three‑month period from the filing date).
• Other procedural or administrative errors that resulted in the application being published earlier than the legally prescribed timeline.

However, the patent applicant then decided to let the patent applications abandoned in Vietnam due to a failure to provide such evidence.

Excluded subject matter

Vietnam’s IP Law expressly excludes from patent protection: scientific discoveries or theories and mathematical methods; schemes, rules and methods for performing mental acts or doing business; computer programs; presentations of information; solutions of purely aesthetic character; plant varieties and animal breeds; essentially biological processes; and methods of prevention, diagnosis, and treatment for humans or animals (IP Law Article 59(1)-(7)). Protection is also refused for objects contrary to social morality or public order, or harmful to national defense or security.

Security control / first filing: For inventions created in Vietnam in defense or security-sensitive technical fields, applicants must file first in Vietnam (or obtain permission) before filing abroad (IP Law Article 89a). Decree 65/2023/ND-CP, Article 14 & Annex VII prescribe procedures and list the controlled fields; Circular 23/2023/TT-BKH&CN provides that applications breaching Article 89a fail formality (and IP Law Article 96 allows invalidation of a granted patent on this ground).

VI. Patent Application Avenues and Filing Requirements

1. Patent Application Avenues

Vietnam is a member of international treaties that provide multiple avenues for patent filings:

• National (Direct) Application: Applicants can file directly with the Intellectual Property Office of Viet Nam (IP VIETNAM). Foreign applicants typically claim priority under the Paris Convention within 12 months of an earlier foreign patent filing. Direct national filings require a local Vietnamese IP agent if the applicant has no residence or business in Vietnam (this is mandatory for foreign companies).
• PCT National Phase Entry (31-Month Deadline): As a member of the Patent Cooperation Treaty (PCT), Vietnam allows international applications to enter the national phase. The deadline for entering the national phase is 31 months from the earliest priority date. A Vietnamese translation of the specification (description; claims – both as originally filed and, if applicable, amended; any text in drawings; abstract) must be furnished by that 31-month limit.
• Security control / first-filing (if applicable): For inventions created in Vietnam in defense/security-sensitive fields, comply with IP Law Article 89a and Decree 65/2023, Article 14 & Annex VII: file first in Vietnam or file a PCT of Vietnamese origin (or obtain prior permission) before filing abroad.
• ASEAN and Other Treaties: Vietnam is part of the ASEAN Patent Examination Co-operation (ASPEC) program, which can be used to accelerate examination by utilizing search/exam results from other ASEAN countries. A Chinese applicant can use it if they also have a corresponding ASEAN application (e.g., in SG/MY/TH/PH/ID/BN/LA/KH) with search/examination (S&E) results that they can submit to accelerate the Vietnamese case.

Vietnam also participates in Patent Prosecution Highway (PPH) pilot programs with Japan Patent Office (JPO) (Phase 4: 2025–2028; 200 cases/year) and Korean IP Office (KIPO) (Phase 4: 2025–2028; 100 cases/year). Therefore, a Chinese applicant can benefit by filing a corresponding Japanese or Korean application; once the JPO/KIPO indicates allowable claims, they can request PPH at the IPVN for the Vietnamese counterpart. There is no PPH between China and Vietnam.

2. Filing Requirements: Patent Application Procedure: Step-by-Step

The process of obtaining an invention patent or utility solution in Vietnam involves several stages, from preparation and filing to examination and grant. Below is a step-by-step guide, including procedural timelines and requirements at each stage:

Step 1: Preparation of Application Documents

• Technical Disclosure: Prepare a patent specification in Vietnamese (required language). The specification should include a detailed description of the invention, one or more claims defining the scope, any necessary drawings, and a concise abstract. Vietnam does not allow initial filing in a foreign language for national applications – a Vietnamese specification must be submitted at filingi. (For PCT national phase entries, the PCT application must be translated into Vietnamese by the entry deadline).

• Applicant/Inventor Information: Gather full name, address and nationality of the inventor(s) and applicant(s) to fill in the application form. Consistency is important – even minor discrepancies (e.g. in addresses) between documents can trigger formality objections.

• Priority Documents: If claiming foreign priority (Paris Convention route), prepare certified copies of the priority application(s). These must be submitted within 3 months of the Vietnamese filing date (non-extendable), along with a simple Vietnamese translation of the cover page to verify applicant details.

• Assignment Documents: Assignment documents are required only if the applicant of the Vietnamese application differs from the applicant of the priority application, or if the applicant is an individual who is not the inventor. (For PCT national phase, priority documents are handled by WIPO, so none is required upon national entry).

• Power of Attorney (POA): Foreign applicants must appoint a local patent agent registered with the IPVN. A Power of Attorney form (no notarization needed) is typically required. For PCT national phase, the POA must be submitted within 34 months from the priority date (non-extendable) if not provided at filing. For direct filings, the IPVN will issue a notice giving 2 months to file the POA if it was missing, extendable once by 2 months – but it’s best to file the POA with the application to avoid delays.

• Security Clearance (if applicable): Inventions made in Vietnam that relate to defense or security and created by Vietnamese entities must be first filed in Vietnam. This is a special requirement under the IP Law (as amended in 2022) for security control. It rarely affects foreign applicants, but enterprises conducting R&D in Vietnam should be aware of this rule – such inventions need a security clearance by filing domestically before any foreign filing.

• Optional Search: Before filing, consider conducting a novelty/inventive step search. Although not required, a prior art search can save time by assessing the patentability of the invention and avoiding applications destined to be refused.

Step 2: Filing the Application

• Where to File: Submit the patent application to the IPVN. This can be done in person or by mail to the IPVN’s head office in Hanoi or its regional offices (e.g. in Ho Chi Minh City or Da Nang). The application can also be filed electronically via the IPVN’s online e-filing portal. Online filing requires a Vietnamese digital certificate and e-signature, and the applicant must still present the original documents and pay fees in person within 30 days of the online submission. Failing to submit the hard copy and payment within this 30-day period will lead to the online application being deemed abandoned.

• Filing Requirements: A complete application includes: the application form (with applicant/inventor details and basic info like title and International Patent Classification), the Vietnamese specification (description, claims, abstract, drawings), an abstract drawing (if applicable), POA (if required), and proof of fee payment. The form should also indicate any claimed priority (with filing date, number, country) and include the IPC class and a representative figure for the abstract – if these are missing or incorrect, the IPVN will assign them for a fee.

• Official Filing Receipt: If all documents are in order, the IPVN will accord a filing date and application number.

• Prescribed Filer: Note that foreign companies or individuals without a residence or business in Vietnam cannot file directly – the application must be filed via a licensed Vietnamese IP agent. The agent will handle correspondence with the IPVN.

Step 3: Formality Examination

Once filed, the application enters formality (preliminary) examination, where the IPVN checks compliance with administrative requirements (proper forms, signatures, classification, required documents, etc.):

• Duration: By law, the formality examination is completed within 1 month from the filing date. In practice it may take a few weeks to a couple of months. For PCT national entries, formality review is often done by around the 32nd month from priority if not requested sooner (since many PCT applications enter at 31 months).

• Deficiency Notices: If any formal requirements are lacking (e.g. missing pages, incorrect format, missing POA or fees), the IPVN will issue a notice detailing the deficiencies. The applicant is typically given 2 months to correct formality defects. This deadline can be extended once by 2 additional months on request. If the issues are not resolved in time, the application may be rejected at the formality stage.

• Acceptance and Publication Queue: If the application meets formality requirements (or deficiencies are timely corrected), the IPVN issues a decision of official acceptance. The filing date is confirmed and the application moves to the publication stage. The applicant will be notified of the acceptance, and from that point the application details will eventually be published for public awareness.

Step 4: Publication of the Application

Vietnamese patent applications are published in the Industrial Property Official Gazette after the formality stage, allowing third parties to learn of the pending application:

• Timing: A direct (non-PCT) patent application is published in the gazette at the beginning of the 19th month from the priority date (or from the filing date if no priority). This is effectively about 18 months after the priority date, aligning with international norms. If formality acceptance occurs later than that, then publication will be 2 months after acceptance, whichever is later. For PCT national phase applications, since they may already have been published internationally, Vietnam publishes them quickly – within 2 months from the date of national phase acceptance.

• Early Publication: Applicants can request early publication at any time before the scheduled date. Upon such request, the IPVN will publish the application within 2 months from receipt of the request (or from acceptance, whichever is later). Early publication is free of charge and can be useful if the applicant wants to expedite public disclosure (which can establish provisional rights).

• Provisional Rights: From publication onward, the applicant has provisional protection. If a published patent application is subsequently granted, the patentee can claim reasonable compensation from any party that used the invention commercially during the pendency, after being notified of the published application. This underscores the benefit of timely publication – it puts others on notice of your rights.

Pre-Grant Opposition Procedure (Article 112 and 112a):

If a third party believes that your patent application in Vietnam is likely to conflict with or adversely affect their prior rights, or that it does not meet the criteria for protection, they may submit their opinions on the grant of an exclusive right to your patent application to the IPVN after it has been published in the industrial property gazette of Vietnam. Vietnam’s IP Law 2022 gives third parties two options for voicing their opinions on pending pending applications in Vietnam: (i) Opposition and/or (ii) Third-party Observation.

• Formal Opposition: is an administrative procedure that allows a third party to challenge the validity of an industrial property registration application and then request the IPVN to refuse the grant of a protection title, provided that the opponent provides the legal grounds to prove his case. For patent, within 9 months from date the patent application is published in the Industrial Property Official Gazette, a third party may file a formal opposition request under the IP Law (Article 112a).

• Third party observation (Informal Observations)is a procedure that allows the public to provide their opinion on industrial property registration applications, from which the IPVN makes decisions on applications under examination. Any third party retains the right to submit written opinions to the IPVN regarding the patentability of the invention (e.g. citing prior art) from publication until a decision to grant. This means if an opposition cannot be filed within the deadline, a third party may still submit their opinions on the registrability of the trademark application through a third-party observation procedure. Third-party’s observation are not formal oppositions, but serve as a reference source for examiners during the application examination process.

The formal opposition process is treated by the IPVN as an active legal proceeding, similar to an invalidation or appeal. The IPVN forwards the opposition arguments to the applicant, who is given a 2-month deadline to submit counter-arguments and comments. The IPVN is empowered to facilitate direct discussions between the parties and ultimately settles the opposition, communicating the outcome, alongside the substantive examination result, to the opposing party.  

The formalization of the opposition process fundamentally alters the pre-grant environment from passive examination to potentially active contention. Applicants must now recognize the publication date not just as a procedural step, but as a trigger for a period of required proactive legal defense. This necessitates preparing legal arguments and supporting evidence within the short two-month response window, treating the successful survival of opposition as a necessary step in validating patent strength for future enforcement.  

Where an opposition concerns the right to file the patent, the IPVN will generally require the opponent to pursue the entitlement dispute in court. If the opponent submits a court “acceptance of case” notice within 2 months, the IPVN will suspend examination of the patent application until the court issues a judgment; the IPVN will then settle the application in line with the court’s decision. If no court-acceptance notice is filed within 2 months, the opposition is treated as withdrawn and the application proceeds.

Step 5: Substantive Examination

Substantive examination is the critical phase where the patentability of the invention (novelty, inventive step, industrial applicability) is assessed by the IPVN examiners:

• Request for Examination: Vietnam requires a separate request (and fee) for substantive examination; the request must be lodged within 42 months of the earliest priority (or filing) date for invention (patent) applications and 36 months for utility solution applications. If no timely request is filed, the application is deemed withdrawn. In exceptional cases, the time limit may be prolonged by up to 6 months for plausible reasons (commonly understood as force majeure/objective obstacles), but it’s not guaranteed and evidence is expected. It is common to submit the examination request at filing or soon after to avoid missing the deadline (and to expedite prosecution).

• Exam Timeline: By law, once substantive examination begins, the IPVN aims to issue an examination result within 18 months from:

√   the date of publication (if the exam request was filed early, before publication), or

√   the date of the exam request (if the request was filed after publication).

In practice, patent examination can take significantly longer due to backlogs. It is not unusual for the process from filing to grant to last 3–5 years or more. The IPVN has recently taken steps to speed up prosecution (hiring more examiners, redistributing workload, etc.), but applicants should still expect a few years’ wait.

• Examination Process: The examiner will review the application for compliance with substantive requirements. Key points considered:

√  Patentable Subject Matter: Certain subject matter is unpatentable (e.g. mere discoveries, mathematical methods, schemes for mental activities or games, business methods, computer programs as such, presentations of information, purely aesthetic designs, plant/animal varieties, and methods of treatment/diagnosis for humans or animals). These exclusions mean such claims will be rejected.

√ Novelty & Inventive Step: The invention is checked against prior art. Vietnam follows an absolute novelty standard, and an invention must not have been publicly disclosed anywhere in the world before the filing/priority date (a 12-month grace period is allowed for disclosures by the applicant themselves under certain conditions). Inventive step means the invention must not be obvious to a person skilled in the art. Utility solutions are assessed with a lower bar: they must not be “common knowledge” or easily observed solutions.

√ Industrial Applicability: The invention must be capable of being made or used in any kind of industry or productive activity (this requirement is usually straightforward).

√ Unity of Invention: If the application claims multiple inventions that are not unified (not part of a single general inventive concept), the examiner may require restriction to one invention and the filing of divisional applications for additional inventions. (Divisional applications can be filed at any time before grant or final refusal).

• Office Actions: During the substantive examination, if the examiner finds issues, the IPVN will issue an “Office Action” (also called an “examination report” or “notice of intention to refuse”), detailing objections or requirements. Common issues include lack of novelty/inventiveness over specific prior art, clarity problems with claims, unallowed claim scope, or formal issues.

The applicant must submit a comprehensive response, including arguments, counter-opinions, and/or claim amendments.

√ Response Deadline: The statutory deadline for responding to a Notice of Substantive Examination Result is 03 months from the date of the IPVN’s notification.

√ Extensions: This deadline may typically be extended for a further 03 months.

√ Re-examination: If the applicant successfully rebuts the refusal, the application is re-examined. The time limit for re-examination is generally two-thirds of the initial examination time, concluding within 4 to 6 months from the date the response was filed.

It often takes one or more rounds of such Office Actions and responses to reach a final conclusion.

• Strategic Claim Amendment and Partial Granting

√ Amendment confined to original disclosure: Amendments during prosecution must not expand beyond what was directly and unambiguously disclosed in the original specification (IP Law Article 115). Circular 23/2023/TT-BKHCN further enumerates and clarifies 10 circumstances in which an amendment/claim is considered to extend beyond the original disclosure, providing clear refusal and even invalidation grounds where a granted patent exceeds that disclosure.

√ Partial granting of protection titles: A key procedural enhancement under the 2022 IP Law (Article 118), now operationalized by Circular 23, permits the IPVN to grant a patent for the allowable claims while continuing to process claims still in dispute – enabling earlier enforceable rights over commercially relevant scope without waiting for the entire claim set to be allowable.

Practice note: When pursuing amendments consistent with the original disclosure, applicants may utilize foreign search/examination results in line with Circular 23 to support patentability and streamline prosecution at the IPVN.

• Accelerated Examination: As of late 2023, Vietnam has introduced provisions to expedite patent examination by utilizing foreign search and examination results. Under Circular 23/2023, an applicant may submit the examination results (search report and/or granted claims) from a corresponding foreign patent application to the IPVN to accelerate the Vietnamese examination. The foreign application should be from a recognized office (likely USPTO, EPO, JPO, KIPO, CNIPA, etc.) and have at least one claim deemed patentable. The Vietnamese claims must be identical to the allowed foreign claims.

Documents required include a request form, copies of the foreign office actions/results and their translations, the patentable claims and their translation, and any amendments to conform the Vietnamese claims. If these conditions are met, the IPVN can fast-track the application, potentially cutting down the wait significantly. Applicants with granted patents in other jurisdictions should consider this route to significantly reduce the 3–5 year timeline for Vietnam.

Step 6: Grant, Publication, and Maintenance

• Notice of Intention to Grant: If the examiner finds the application allowable (or all objections have been overcome), the IPVN will issue a Notice of Intention to Grant (also called a decision on grant or acceptance of protection). At this stage, the applicant is required to pay the granting fee and the first annual maintenance fee. The deadline for paying the grant fee (and first-year annuity) is 3 months from the notice, extendable once by 3 months.

• Grant and Publication: Upon fee payment, the IPVN will issue the Patent Certificate (grant certificate) and publish the grant in the Official Gazette. The patent is then recorded in the National Register of Industrial Property. Vietnam now issues patents in electronic format with the same legal validity as paper, making it easier for owners and authorities to verify patent details online.

• Patent Term & Annuities: An invention patent is in force for 20 years from the filing date, and a utility solution for 10 years. To maintain validity, annual renewal fees (annuities) must be paid each year, starting from grant. The first annuity is paid at grant (covering year 1); subsequent annuities are due yearly on the grant date anniversary. A 6-month grace period is allowed for late payment with a surcharge. If an annuity is not paid, the patent lapses as of the due date.

 Step 7: Handling Rejections and Appeals (Re-examination Process)

Not all applications proceed to grant. If the applicant cannot overcome the examiner’s objections, the IPVN may issue a Decision of Refusal (rejection of the application). In such cases, applicants have legal remedies to appeal the decision:

• Re-examination / Appeal to the IPVN: Within 90 days from receiving the refusal decision, the applicant can file a first-instance appeal with the IPVN itself. This is essentially a request for reconsideration by the IP Office. The appeal should include arguments or amendments addressing the rejection grounds. The IPVN may affirm or overturn the refusal in its decision on the appeal.

• Appeal to Ministry (Second Instance): If the IPVN appeal is denied or not decided within the legal time limit, the applicant can escalate the matter to the Ministry of Science and Technology (MOST), which oversees the IPVN. A second-instance appeal to MOST must be filed within 30 days from either the IPVN’s appeal decision or the lapse of the period for the IPVN to act. MOST will review the case and issue a decision.

• Judicial Review: An applicant may bring an administrative lawsuit to challenge the IPVN’s refusal within 1 year of receiving (or learning of) the decision (under Article 116 of the Law on Administrative Procedures 2015). The applicant may sue without exhausting administrative appeals – Vietnam’s Law on Complaints expressly allows filing a court case at any time during the complaint-settlement process (i.e., you can skip or discontinue the administrative route). As of 2025, Vietnam has approved specialized IP courts located in Hanoi and Ho Chi Minh City to hear IP civil and administrative matters; once operational, actions challenging the IPVN decisions are expected to be brought in these courts (replacing the historical practice of suing in the Administrative Court of the Hanoi People’s Court). Ultimately, the court can uphold or annul/reverse the IPVN’s decision.

• Timeline and Practice: The statutory periods for the authorities to handle appeals are defined (e.g. Te IPVN should resolve a first appeal in a few months), but in practice these appeals can take much longer. Many applicants therefore try to work with examiners proactively during prosecution to avoid formal refusals. It’s worth noting that modifications to claims (even narrowing amendments) after a final refusal are generally not allowed unless an appeal is filed, so the appeal process is the chance to submit further arguments or evidence. Engaging a qualified local patent attorney is crucial for addressing appeals.

Timelines at a glance

The following table summarises key deadlines and time‑limits.

V. Fees and Costs

Vietnamese patent fees are moderate compared with many jurisdictions. The official fees are determined by the Ministry of Finance and are payable in Vietnamese dong (VND). However, for easy review, please see the fees in USD equivalent to the official fees in VND below.

Key official fees for patent (invention/utility) applications:

VI. Strategic Considerations for Applicants

When devising a patent filing strategy in Vietnam, consider the following practical tips and approaches:

• Choosing Patent vs. Utility Solution: If your innovation is a fundamentally new technology with significant inventive step, an invention patent is appropriate for maximum protection (20-year term). However, if the invention is an incremental improvement or might struggle to meet the inventive step standard, a utility solution patent could be easier to obtain, albeit with a shorter term (10 years). Vietnamese examiners apply a somewhat lower bar for “inventiveness” in utility solutions. You can also file initially as an invention and, if facing objections on inventive step, convert to a utility model application to secure protection.

• Combining Patent and Design Protection: These are not mutually exclusive. If your product has both novel functional features and a unique appearance, consider filing both a patent and an industrial design. The patent protects technical aspects while the design protects aesthetics, providing broader coverage (especially against copycat products that emulate the look but perhaps not the internal mechanism).

• Use of PCT for International Strategy: Chinese companies expanding to Vietnam often file via the PCT to cover multiple countries efficiently. A PCT route gives 31 months to decide on entering Vietnam, which can be useful for evaluating commercial interest. Keep in mind the need for a good Vietnamese translation by the deadline – allocate time/resources for translation to avoid last-minute issues (since Vietnam does not allow late entry or late submission of the translation). If Vietnam is a key market, filing a national application directly (or early national phase entry) and requesting early publication and examination can show commitment and possibly yield faster results.

• Early Request for Examination: Waiting the full 42 months to request exam is generally not advisable unless you need to defer costs. Early examination request (you may request substantive exam at filing or any time before the deadline) prompts the IPVN to begin substantive review soon after publication. This can cut down the pendency. If an application is important, file the exam request as early as possible. The examination fee can be paid upfront to avoid missing the deadline.

• Accelerating via Foreign Results (PPH): Utilize work done in other jurisdictions. If you obtain a patent for the same invention in, say, China, Japan, Europe or the US, use Vietnam’s program to submit those examination results. Ensure the Vietnamese claims are amended to exactly match the allowed foreign claims, and then file a request to use the foreign examination results. The IPVN will still do its own examination but often will expedite and may directly accept claims that have already been deemed novel and inventive by a trusted foreign office. Vietnam has also engaged in Patent Prosecution Highway pilots (e.g., with JPO), so check if your case is eligible for any PPH program as well.

• Divisionals for Multiple Inventions: Vietnamese law requires each patent application to have unity of invention. If your application contains multiple independent inventions, the examiner will ask you to split them. Plan for possible divisional applications – file them timely (before grant or within the response period of a unity objection) to preserve the priority date. A strategic approach is to draft the initial application in a way that groups inventions or includes fallback positions that could become divisionals if needed.

• Responding to Office Actions: Always respond within the set timeframes (3 months for substantive issues). You can request an extension once if needed, but delaying too long can slow the process and risking abandonment. Since examiners scrutinize formal details, ensure the Vietnamese translation is accurate and all formalities (names, addresses, bibliographic data) are consistent to avoid unnecessary objections.

Work closely with your patent agent to address examiner’s concerns. Identify the examiner’s objections and craft detailed arguments explaining how the invention differs from cited prior art and why it meets the patentability criteria. Providing well-structured arguments in Vietnamese (with supporting evidence or expert opinions if appropriate; comparative tables or experimental data) can help overcome objections. Arguments should avoid vague expressions like “about” or “preferably” and clearly define technical features.

• Amend the claims: Amend claims to clarify ambiguities and emphasise novel and inventive features. Applicants may narrow claims to overcome objections; broadening claims is not allowed during prosecution. If the examiner cites lack of unity, delete unrelated claims or file divisional applications.

• Utilise foreign search results: Submit search and examination reports from other patent offices (e.g., USPTO, EPO, JPO, CNIPA) where the invention has been granted. The IPVN often recognises foreign results and may allow accelerated examination if claims are amended to conform to granted foreign claims.

• Request interviews or hearings: Engaging in dialogue with the examiner can clarify misunderstandings and expedite resolution. Vietnamese law permits applicants to meet examiners to discuss objections.

• Appeals vs. Refiling: If faced with a final refusal, assess the chances of success on appeal. The appeal process can be lengthy, but it may be worthwhile if the invention is valuable and the objections could be overcome with higher-level review. Alternatively, sometimes filing a new application (perhaps with claim adjustments or additional data) could be an option if time permits and the disclosure wasn’t published too early. Each case is different – seek advice from Vietnamese patent counsel on the best course (appeal, refiling, or maybe converting to utility model if that avenue remains open).

• Use of Grace Period: Vietnam has a 12-month grace period for disclosures made by the applicant (or obtained from the applicant) before filing. If you inadvertently disclosed your invention (e.g., at a trade show or in a publication) within the last year, you can still file in Vietnam within 12 months of that disclosure without it counting against your patent’s novelty. Be prepared to provide evidence that the disclosure falls under the allowed scenarios of the grace period if needed.

• Design Application Strategy: For industrial designs, consider filing for multiple variants of a product’s design in one application to maximize protection. Vietnam allows, for example, a set of similar designs (variations in pattern or minor shape differences) in one application if they share the same essential features. This is cost-efficient and ensures knock-off products with slight modifications are still infringing. Also, given the first-to-file rule, file design applications early – even slight differences can secure a design right, which could block others from getting a similar design registered. In industries like fashion, furniture, or electronics, where product appearance is crucial, a Vietnamese design patent can be a valuable asset.

• Digital Filing and Monitoring: Take advantage of the IPVN’s e-filing and e-payment systems for efficiency, but remember to follow up with required physical document submissions in time. After filing, you can monitor application status via the IPVN’s online Industrial Property Digital Library (IPLib), which provides data on published applications and granted patents/designs. However, the database updates can lag; your local agent will be able to get more timely status updates directly from the IPVN if needed.

• Plan for enforcement and commercialisation: Once a patent is granted, record it in commercial contracts, licences and technology‑transfer agreements. Monitor the market for potential infringements and be prepared to enforce rights through administrative and/or civil actions. Criminal remedies are not applicable to patent infringement in Vietnam.

• Key Government Bodies: The IPVN is the primary agency handling patent and design applications (examination, grant, and publication). It also handles post-grant matters like assignments, license recordals, and invalidation petitions. The Ministry of Science and Technology (MOST) supervises the IPVN and is the authority for second-instance appeals in patent matters. In enforcement, other bodies like courts, Inspectorates, Customs, and Market Surveillance come into play, but for the application process, the IPVN is your main point of contact. Ensure you work with a registered Vietnamese IP agent for filings – they will liaise with the IPVN on your behalf and are indispensable in addressing Vietnamese procedures and language.

Conlusion

Patent protection in Vietnam involves addressing multiple stages: selecting the appropriate application route, meeting stringent formal and substantive requirements, responding to office actions within tight deadlines, paying fees and annuities on time, and planning for appeals and enforcement. Careful preparation, early filing, utilisation of international search results and local representation are crucial. Understanding the differences between invention and utility‑solution patents allows applicants to match their inventions to the most suitable protection. By understanding the above process and tips, Chinese enterprises and other foreign investors can better protect their innovations in Vietnam. Vietnam’s IP system, harmonized through recent legal reforms, provides solid protection for patents and utility models – but success requires careful adherence to procedural rules and strategic use of the available options. With proper planning and local expertise, obtaining patent protection in Vietnam can be a smooth and valuable investment for your business’s expansion in the rapidly growing Vietnamese market.

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