The Patent Registration Process in Vietnam: Conditions and Steps

A patent protects a technical solution — a product or process — that is new, involves an inventive step and is industrially applicable. Vietnam also protects utility solutions, which do not require an inventive step.

Patentability requirements

• Novelty — not disclosed publicly anywhere before the filing (or priority) date.
• Inventive step — not obvious to a person skilled in the field (not required for a utility solution).
• Industrial applicability — capable of being made or used in practice.

The process

An application undergoes formality examination, publication, and — critically — substantive examination on request. The request for substantive examination must be filed within 42 months of the priority date, or the application is deemed withdrawn. In practice, grant commonly takes 36–48 months.

National and PCT routes

Applicants may file nationally (with Paris Convention priority) or enter the PCT national phase in Vietnam within 31 months of the priority date — the route most multinationals use. Foreign applicants without a presence in Vietnam must file through a licensed IP agent.

Frequently asked questions

What is the deadline to request substantive examination?

Within 42 months of the priority date; missing it means the application is withdrawn.

What is the PCT national phase deadline in Vietnam?

31 months from the priority date.

How long is a patent protected?

20 years from the filing date (utility solutions 10 years), subject to annual maintenance fees.

How LTV Law helps

LTV Law files national and PCT national-phase applications, drafts and manages prosecution for foreign applicants. See our patent guide for foreign applicants or contact our team.

This article is for general information only and does not constitute legal advice.