Question 1

What conditions must an invention meet to be protected in Vietnam?

Accepted Answer

Under Article 58 of the 2005 Law on Intellectual Property as amended in 2022, an invention must satisfy 3 conditions: (1) Novelty — not disclosed, used, or made public anywhere in the world before the filing date (novelty worldwide); (2) Inventive step — not obvious to a person of ordinary skill in the relevant technical field (inventive step); (3) Industrial applicability — capable of being made or used as a means in an economic-technical field (industrial applicability). A Utility Solution Patent does not require condition (2).

Question 2

What is the difference between a Patent of Invention and a Utility Solution Patent?

Accepted Answer

A Patent of Invention (20 years) requires all 3 conditions, including a high inventive step, and is generally applied to entirely new technical solutions. A Utility Solution Patent (10 years) only requires novelty and industrial applicability — no inventive step is required — making it suitable for technical improvements to equipment, tools and materials with a lower level of inventiveness. The examination cost for a utility solution is lower and the chance of grant is significantly higher.

Question 3

If I have already disclosed information about my invention before filing, can I still register it?

Accepted Answer

There is a risk of losing novelty if information about the invention has been disclosed to the public (articles, presentations, exhibitions, websites). However, Vietnam's IP Law provides a 6-month grace period from the date of disclosure — during this period an application can still be filed in Vietnam, but novelty will be lost in many other countries. Strong recommendation: file the application BEFORE disclosing any information about the invention in order to preserve worldwide novelty.

Question 4

How does international PCT registration work?

Accepted Answer

PCT (Patent Cooperation Treaty) registration allows protection of an invention in 156 member states from a single application. The process: file a PCT application with the Intellectual Property Office of Vietnam (as the receiving office) → WIPO processes it, conducting an international search (ISR) and a preliminary examination (IPER) → the applicant has 30 months (or 31 months depending on the country) from the priority date to decide on entering specific countries (national phase). LTV Law supports the entire PCT process and coordinates with representatives in each country.

Question 5

How long does patent examination take?

Accepted Answer

In Vietnam, the total time from filing to receiving the patent title is usually 36-48 months, and can be longer depending on the IP Office's processing backlog. Within that: formality examination takes about 1 month; mandatory publication occurs in month 19; substantive examination takes 12-18 months (after examination is requested). To shorten the timeline, substantive examination can be requested immediately upon filing, or priority (fee-based) processing can be requested.

Question 6

After a patent is granted, what must be done to keep it in force?

Accepted Answer

The owner must pay annual maintenance fees to the Intellectual Property Office. Fees increase progressively from VND 300,000/year (years 1-3) to several million VND in the final years of the 20-year protection term. The estimated total maintenance fee over 20 years is VND 15-20 million. If not paid on time, the fee can be paid within a 6-month grace period with a late payment surcharge. After the grace period, the title is terminated irrevocably.

Question 7

Who owns an invention created while working at a business?

Accepted Answer

Under Article 86 of the Law on Intellectual Property, if an invention is created in the course of performing a labor contract or an assigned task, the right to register the invention belongs to the business (the employer) — unless the parties have otherwise agreed in writing. The inventor is still named on the title and is entitled to reasonable remuneration from the business's exploitation of the invention. Recommendation: sign a clear IP rights agreement with research staff from the outset.

Question 8

Can software inventions be registered?

Accepted Answer

Pure computer programs are not protected under Patent Law in Vietnam (Article 59) — software is best protected under Copyright Law. However, inventions with specific technical features may qualify for patent protection: signal processing methods, combined hardware-software systems with a clear technical effect, and specific technological processes. The claims strategy must be designed correctly to overcome protection barriers. LTV Law will analyze and advise on the most optimal protection approach.

Fee item	Amount	Note
Filing and publication fees
Filing fee	VND 150,000	Currently reduced 50% to VND 75,000 (Circular 64/2025/TT-BTC, until 31/12/2026)
Publication fee	VND 120,000	Mandatory upon filing
Examination and grant fees
Substantive examination fee (≤10 claims)	VND 1,740,000	+ VND 280,000/claim from the 11th claim
Search fee for examination (domestic)	VND 900,000	Paid together with the request for substantive examination
Grant fee	VND 120,000	Paid upon receiving the notice of grant
Annual maintenance fees (increasing over time)
Annuity / maintenance fee (years 1-3)	VND 300,000/year	Paid annually from the grant date
Annuity / maintenance fee (years 4-6)	VND 600,000/year	Increases progressively each period
LTV Law service fee	Contact for a quote	Depends on technical complexity and support required

Patent Registration Protection
in Vietnam & Internationally

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Two types of patent protection titles

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Protection requirements and unprotectable subject matter

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Patent registration process in Vietnam — 8 steps

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Current official fees for patent registration

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Patent Registration Protection in Vietnam & Internationally