What Is a Patent in Vietnam? Protection Conditions and Term

A patent is an exclusive right granted to a technical solution — a product or a process — that solves a defined problem using the laws of nature. In Vietnam, patents are governed by the Law on Intellectual Property and administered by the national intellectual property office. Understanding what can be protected, and for how long, is the starting point for any technology-based business operating in the market.

Conditions for protection

To be granted as an invention (the higher tier of patent), a technical solution generally must satisfy three cumulative conditions:

• Novelty — the solution has not been publicly disclosed anywhere in the world before the filing or priority date.
• Inventive step — it is not obvious to a person skilled in the relevant field.
• Industrial applicability — it can be manufactured or used in practice.

Certain subject matter is excluded from protection, such as scientific theories, mathematical methods, rules for performing mental acts, and solutions contrary to public order or morality.

Term of protection

A patent for an invention has a term of 20 years from the filing date, subject to payment of annual maintenance fees. A utility solution — a lower threshold that does not require an inventive step — is protected for 10 years. Neither term can be renewed beyond its statutory limit, so timing of filing and product launch matters.

Key procedural points

• A request for substantive examination must be filed within 42 months of the filing or priority date, otherwise the application is deemed withdrawn.
• Applicants entering Vietnam through the Patent Cooperation Treaty (PCT) must complete the national phase within 31 months of the priority date.
• Rights are territorial: a Vietnamese patent protects only within Vietnam.

Frequently asked questions

Can software be patented in Vietnam?

Computer programs as such are not patentable, but a technical solution implemented by software that produces a genuine technical effect may qualify. Each case is assessed on its specific technical contribution.

Does disclosing my invention before filing destroy novelty?

Generally yes. Public disclosure before filing can defeat novelty, although a limited grace period may apply in narrow circumstances. It is safest to file before any public disclosure.

Do I need to keep paying fees after grant?

Yes. Annual maintenance (annuity) fees are required to keep a granted patent in force. Failure to pay results in lapse of the patent.

How LTV Law helps

LTV Law advises on patentability, prepares and files invention and utility solution applications, and manages examination and maintenance in Vietnam — contact our team.

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