Patent Registration in Vietnam: What Foreign Applicants Need to Know (2026)

As Vietnam moves up the manufacturing and technology value chain, protecting inventions locally is increasingly important for foreign companies. This guide explains how patent protection works in Vietnam and the practical points that matter most to foreign applicants.

What can be patented in Vietnam

A patent in Vietnam protects a technical solution in the form of a product or process. To be granted a patent (invention), the solution must satisfy three conditions: novelty, an inventive step, and industrial applicability. Vietnam also protects a lower-tier right, the utility solution (petty patent), which does not require an inventive step and is useful for incremental innovations.

Who can file — local representative required

As with trademarks, foreign applicants without a residence or operating establishment in Vietnam must file through a licensed Vietnamese IP agent (Article 89 of the IP Law). The agent manages the application, translations, formal requirements and correspondence with the Intellectual Property Office of Vietnam.

Two routes: national filing and the PCT national phase

• Direct national filing with IP Vietnam — suitable when Vietnam is a target market and priority is claimed under the Paris Convention.
• PCT national phase — Vietnam is a PCT member, so an international (PCT) application can enter the national phase in Vietnam, generally within 31 months of the priority date. This is the most common route for multinationals.

Process and timeline

A Vietnamese patent application proceeds through formal examination, publication (in the 19th month from priority or on request), a request for substantive examination (which must be filed within 42 months of the priority date), substantive examination, and grant. In practice the full process commonly takes 36–48 months or longer. A patent (invention) is protected for 20 years from the filing date; a utility solution for 10 years. Neither is renewable, but annual maintenance (annuity) fees must be paid to keep the patent in force.

Official fees

Fees are set by Circular 263/2016/TT-BTC. Key state fees include the filing fee, the substantive examination fee of VND 720,000 per independent claim, a search fee of VND 600,000 per independent claim, the grant fee, and annuities that increase over the 20-year term (from VND 300,000/year in years 1–2 up to VND 4,200,000/year in years 17–20). Certain charges are currently reduced 50% under Circular 64/2025 until 31 December 2026.

Practical tips for foreign applicants

• Do not miss the 42-month deadline to request substantive examination — otherwise the application is deemed withdrawn.
• Conduct a prior-art search before filing to assess novelty and inventive step.
• Budget for the full 20-year annuity schedule when deciding whether to maintain the patent.
• Consider the utility-solution route for incremental improvements that may not meet the inventive-step bar.

Frequently asked questions

Can a foreign company file a patent directly in Vietnam?

No. A foreign applicant without a Vietnamese establishment must file through a licensed Vietnamese IP agent.

How long is a patent protected in Vietnam?

An invention patent lasts 20 years from the filing date; a utility solution lasts 10 years. Annual maintenance fees are required.

What is the deadline to enter the PCT national phase in Vietnam?

Generally 31 months from the priority date. Substantive examination must be requested within 42 months of the priority date.

Is software patentable in Vietnam?

Computer programs as such are not patentable, but a technical solution implemented by software may be, depending on the claims. Software is otherwise protected by copyright.

How LTV Law helps

LTV Law represents foreign applicants for national filings and PCT national-phase entry in Vietnam, including prior-art searches, drafting, office-action responses and annuity management. See our patent registration service or contact our team.

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