The Intellectual Property Office of Vietnam (IP Vietnam/NOIP) is the national authority in charge of administering patents in Vietnam, along with other intellectual property rights such as trademarks and industrial designs.
What is a patent in Vietnam?
According to the Intellectual Property Law of Vietnam, an invention is defined as “a technical solution in the form of a product or a process which is intended to solve a problem by application of the laws of nature.” In practical terms, this means that an invention must provide a concrete technical solution — whether embodied in a product, such as a machine or material, or in a process, such as a method of manufacturing or treatment — that addresses a specific problem through the application of natural laws.
To obtain patent protection in Vietnam, an invention must meet three key criteria: it must be new (novelty), involve an inventive step, and be capable of industrial application.
However, certain subject matter cannot be protected as inventions. These include scientific discoveries, theories, and mathematical methods; business methods, game rules, mental processes, animal training methods, and computer programs; purely aesthetic creations; plant varieties and animal breeds; biological processes for plant and animal production (except microbiological ones); methods for prevention, diagnosis, and treatment of human or animal diseases; and simple presentations of information.
Some of Vietnam patent reports:
Vietnam marked a 12th consecutive year of growth, with an increase in non-resident filings driving the overall growth for 2023.
Patent applications filed in 2023: 9,458.
Patents granted: 3,668.
How to file a patent in Vietnam?
Required Documents to File a Patent in Vietnam
To successfully file a patent in Vietnam, the following documents must be submitted to the Intellectual Property Office of Vietnam (IP Vietnam/NOIP):
Patent Application Form
- Title of the invention.
- Use field of the invention and technical state of the use field of the invention
- Detailed description of invention and examples of invention
- Brief description of accompanied drawings (if any).
- Full name, address, and nationality of the applicant(s) and inventor(s).
- Priority information (if claiming under the Paris Convention or PCT).
Claims
The claims define the scope of protection and according to local practice claimed protection must be:
- Clear, concise, and supported by the description.
- At least one claim defining the scope of protection sought (can be written in single-sentence format, including preamble, transition phrase, and body)
- Include all essential technical features required for the invention to function as intended.
In addition to the above, two copies of the “protection coverage” (protection claims) mus be submitted together with the payment of the corresponding fees to secure the filing of the patent application in VietNam.
Abstract
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A short summary of no more than 150 words, highlighting the main technical features.
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May be filed later if not submitted with the application.
Supporting Documents
- Power of Attorney: A duly signed Power of Attorney is mandatory for all foreign applicants, as patent applications in Vietnam must be filed through a local registered patent agent.
- Assignment Document: If the applicant is not the inventor, a document evidencing the right of the application is needed
- Priority Document: if priority is claimed, a certified copy of the priority document must be submitted.
Apostille or Legalization
Some foreign documents may require legalization or apostille, depending on the country of origin.
Language Requirements
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All documents must be filed in Vietnamese.
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If any documents are submitted in another language, a certified Vietnamese translation must be provided
At Goytia & Associates, we work with trusted translators to ensure accurate and compliant Vietnamese translations for your patent filings in VietNam.
How is the Patent process in Vietnam?
Once a patent application is filed, the Intellectual Property Office of Vietnam (IP Vietnam/NOIP) initiates the examination and granting procedure. It is important to remain proactive, monitor official notifications, and respond promptly to avoid unnecessary delays or even rejection. The process generally involves the following stages:
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Formality Examination (≈1 month): The patent office verifies compliance with all formal requirements. If any deficiency is identified, the applicant must correct it within the prescribed deadline
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Publication (≈18 months): The application is published in the Industrial Property Gazette.
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Third-Party Observations: After publication, third parties may file oppositions to patent applications within nine months of publication and prior to the issuance of the protection title.
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Substantive Examination (up to 18 months): The examiner assesses whether the application meets the patentability criteria under Vietnam’s Intellectual Property Law (novelty, inventive step, industrial applicability). Examination must be requested within 42 months from the filing date Office actions may be issued.
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Notice of grant: : If the application successfully passes examination, the applicant is requested to pay the granting fees. Once paid, the Patent Certificate (Letters Patent) is issued.
Check out this list of required documents required to file a trademark in Vietnam.
Some Extra Facts
Novelty Grace Period
Under the Vietnamese Intellectual Property Law, inventors benefit from a novelty grace period. While the law previously allowed only 6 months, the latest amendments have extended this period to 12 months before the filing or priority date
Grant, Validity Term, and Maintenance Fees
Patents in Vietnam are valid for 20 years from the filing date, subject to timely payment of annual fees. The annual maintenance fee can be paid within six months before the expiry date. Late payment is possible for up to six months after the expiration, subject to an additional surcharge for each month of delay.
Timeline of the Registration Procedure
The patent registration process in Vietnam typically takes 3 to 5 years from filing to grant, depending on the complexity of the invention and the applicant’s responsiveness to office actions during examination.
Representation by a Patent Attorney
Foreign applicants are required to prosecute patent applications in Vietnam through a locally registered patent attorney, who will act before the Intellectual Property Office of Vietnam (IP Vietnam/NOIP)
Why Work with Goytia & Associates?
At Goytia & Associates, we combine 90 years of experience in intellectual property with a strong international network. Through trusted partners in over 120 jurisdictions, we provide seamless patent filing and portfolio management worldwide, ensuring high-quality, cost-effective, and reliable service for our clients.
Do you need to file a patent in another country other than Vietnam?
This content may suffer modifications due to updates in the official regulations of Vietnam.
