Patent Filing Vietnam

Vietnam’s national phase framework allows international applicants to transition their PCT application into a Vietnamese patent application. Once filed, the Vietnam Patent Search for the application is conducted under Vietnam’s Law on Intellectual Property and supporting regulations.

A Vietnamese patent grants its owner exclusive rights to:

• Manufacture the patented product
• Use or apply the patented process
• Sell or distribute the patented invention
• Prevent third-party imports of infringing products

Vietnam continues to strengthen its IP infrastructure, including improved examination practices, administrative enforcement, and enhanced border-control procedures. For global businesses with manufacturing or commercial operations in Vietnam, national phase entry is an essential step for protecting innovation and controlling market competition.

Who is Eligible for Vietnam Patent Filing

Any PCT applicant or rightful successor may enter the national phase in Vietnam. This includes:

• Individual inventors
• Domestic and foreign companies
• Universities and R&D institutes
• Startups and technology developers
• International corporations seeking market exclusivity

Foreign applicants must appoint a licensed Vietnamese patent attorney or agent to represent them before NOIP. Local representation is mandatory for all Patent filing, office action responses, and enforcement matters.

Strict Deadline to file Patent in Vietnam (31-Month Rule)

Vietnam applies a 31-month deadline from the earliest priority date for PCT national phase entry.

To successfully enter the national phase, the applicant must, before the 31-month deadline:

• File the national phase entry request
• Submit the Vietnamese translation (if needed)
• Pay the official filing fees
• Appoint a local representative
• Submit required documents

Vietnam’s 31-month deadline applies equally to PCT Chapters I and II.

Extensions After Expiry of the Deadline

Vietnam does not routinely accept late national phase entry. In rare circumstances, applicants may request restoration, but:

• The justification must demonstrate exceptional unintentional delay
• Restoration is discretionary
• Additional surcharges apply
• Requests must be filed promptly after discovering the missed deadline

Applicants should always treat the 31-month deadline as final.

Filing Language for Vietnam Patent Application

Vietnam’s official filing language is Vietnamese.

The applicant must provide:

• Vietnamese translation of the description
• Translated claims
• Translated abstract
• Translated drawings text (if applicable)

Translations may be filed after initial submission if NOIP issues a request, but the statutory deadline must be met. Errors in translation can dramatically affect claim scope and enforcement, so precision is essential.

Required Documents to file a Patent in Vietnam

To complete national phase entry in Vietnam, the applicant must submit:

1. National Phase Request: Filed by the local Vietnamese agent.
2. Full Vietnamese Translation: Includes description, claims, abstract, and Patent drawings captions.
3. Applicant and Inventor Details: Full names, addresses, and nationalities.
4. Power of Attorney (POA)

• A simple signed copy is acceptable
• No notarization required
• No legalization required
• Must be provided within NOIP’s set timeframe if requested

5. Assignment Document (if applicable): If the applicant of the PCT Filing differs from the Vietnamese national applicant, a simple signed assignment is sufficient.
6. Priority Documents: Only needed if not already available via the PCT system.

Accurate submission greatly reduces delays during formality review.

Vietnam Patent Search and Examination Procedure

Vietnam performs two levels of examination:

Formality Examination

NOIP checks:

• Translation compliance
• Signature and POA requirements
• Priority claims
• Document completeness

Substantive Examination

Initiated only after filing a request for examination and paying the exam fee. Substantive examination reviews:

• Novelty/Patentability Search
• Inventive step
• Industrial applicability
• Claim clarity
• Unity of invention
  

Vietnamese examiners may refer to foreign prior art reports but conduct their own independent analysis.

Examination Process and Office Actions

During substantive examination, NOIP may issue one or more office actions. These may address:

• Lack of novelty or inventive step
• Insufficient support in the description
• Claim clarity issues
• Subject-matter exclusions
• Formal deficiencies or translation inconsistencies

Applicants must respond within the prescribed deadline. Responses generally include:

• Claim amendments
• Technical explanations
• Legal arguments
• Corrected translations

Failure to respond results in application abandonment.

Deadline for Request for Examination

Vietnam requires applicants to file the request for substantive examination within:

42 months from the priority date

If the request is not filed within this timeframe, the application is considered withdrawn and will not proceed to examination.

Publication Process and Legal Impact

After formal acceptance, the application is published in the official gazette.

Publication:

• Provides public notice
• Enables third-party observations
• Begins the period of transparent disclosure
• Supports competitive monitoring and licensing opportunities
  

Although enforceable rights begin only at grant, publication is strategically important for discouraging competitors.

Grant Process and Enforceability

Once substantive examination concludes favorably, NOIP issues a decision to grant the patent. After payment of the grant and registration fees, the patent is recorded, issued, and published.

A granted Vietnamese patent provides:

• Exclusive commercial rights
• Ability to enforce through administrative, civil, or border control actions
• Right to seek damages, injunctive relief, and seizure of infringing goods
• Ability to license or assign rights for commercial benefit

Vietnam has steadily increased its enforcement strength, making patents a reliable tool for competitive protection.

Validity Term

A Vietnamese invention patent is valid for:

20 years from the international filing date, subject to annuity payments.

Utility solutions have a validity of 10 years from filing.

Typical Time to Get a Patent in Vietnam

Grant timelines in Vietnam typically range from:

3 to 5 years, depending on:

• Technology field
• Number of office actions
• Applicant responsiveness
• NOIP workload

Accelerated pathways may be available depending on specific circumstances.

Annuities and Maintenance Procedure

Annuities must be paid annually, starting from the 5th year after the filing date.

Key points:

• Annual payments required until year 20
• Six-month grace period is allowed with a surcharge
• Failure to pay results in loss of rights
• Multi-year payments may be made

OFFICIAL GOVERNMENT FEES FOR VIETNAM PATENT FILING

(All amounts in Vietnamese Dong – VND)
(Standard official fees; excluding VAT and professional charges)

National Phase Filing Fees

Substantive Examination Fees

Publication & Grant Fees

Annual Maintenance (Annuity) Fees – Invention Patent

(Annuities begin accruing at Year 5.)

Utility Model (Utility Solution) Protection in Vietnam

Vietnam provides protection for utility solutions, which are similar to utility models in other jurisdictions. Key features:

• Validity: 10 years from filing
• Lower inventive step requirement
• Faster examination
• Lower official fees
• Suitable for mechanical devices, tools, and incremental improvements

Utility solutions cannot be entered directly via PCT, but may be pursued through a National Phase Filing based on the PCT disclosure.

Vietnam Patent Office & Official Website

Official Website: Vietnam Patent Office