Patents in Vietnam: an overview for foreign businesses

Vietnam is one of South East Asia's fastest-growing manufacturing and consumer markets, and it has become a routine filing destination for businesses building a regional IP position. Its patent system is administered by IP Viet Nam, the Intellectual Property Office of Viet Nam (formerly the National Office of Intellectual Property, or NOIP), which examines applications substantively before grant where the applicant takes the required steps. Copyright is handled separately by the Copyright Office of Viet Nam, so patents and copyright sit with different bodies. This page gives a practical overview of how patents work in Vietnam for businesses based elsewhere. It is general information rather than legal advice, and the specific steps for your situation are covered in our guide to filing a patent in Vietnam, within the wider Vietnam patents overview and the Vietnam jurisdiction overview.

What a patent protects in Vietnam

A Vietnamese invention patent protects an invention, broadly a technical solution to a problem in a field of technology. To be patentable as a standard invention patent, the invention must generally be novel (new against everything publicly disclosed anywhere before the filing or priority date), it must involve an inventive step (it would not have been obvious to a person skilled in the field), and it must be capable of industrial application (it can be made or used in some kind of industry). These thresholds will be familiar from most major patent systems, though IP Viet Nam applies them under its own law and examination practice, and certain subject matter is excluded or treated specially. The second-tier patent for utility solution, covered further down, applies a different test. If your invention sits in software, business methods, biotechnology, pharmaceuticals or diagnostic methods, eligibility is jurisdiction-specific and worth checking with local counsel early rather than assuming it tracks how the same invention is treated at home.

Vietnamese is the filing language, and foreign applicants without a presence in the country generally need to act through a registered local IP representative who files and corresponds with the office on their behalf. This is a practical gateway requirement, so factor representation and translation into your planning from the outset.

IP Viet Nam and the request for substantive examination

A point that surprises applicants from some other systems is that filing does not automatically put an application into substantive examination. After the application is filed and clears formality checks, you must file a separate request for substantive examination, and you must do so within a set period. If no request is filed within that period, the application can be treated as withdrawn, so the opportunity to obtain a patent on it is lost. The length of this request window can differ between an invention patent and a patent for utility solution, the precise consequences are statutory, and the rules have been revised, so confirm the current period for your right type and the current fees with IP Viet Nam or local counsel, and diarise the deadline as soon as you file rather than treating any particular timeframe as fixed.

Vietnam has continued to modernise its IP framework. Amendments to the Law on Intellectual Property passed in 2022 and brought into force from 2023 introduced a range of changes, including a formal trade mark opposition procedure alongside the existing third-party observation route, and various adjustments across the wider system. Because the detail of how each procedure operates locally is precise and has been revised, do not rely on older descriptions of the mechanics; confirm the current rules and any recent reforms with IP Viet Nam or local counsel before you act.

First-to-file and the priority date

Vietnam is a first-to-file jurisdiction. Where two applicants file for the same invention, the earlier filing date prevails, regardless of who invented first. The practical consequence is the same everywhere first-to-file applies: file before you disclose, and file promptly, because public disclosure before your filing or priority date can destroy novelty. First-to-file systems also carry a known squatting risk, where a third party files for something you have used but not yet protected, so an early filing strategy matters. Vietnamese law does recognise a limited grace period for certain disclosures connected to the applicant, but the conditions and the procedural steps to rely on it are specific, so do not treat it as a substitute for filing first; confirm the current rules with IP Viet Nam or local counsel before disclosing anything.

If you are filing internationally, you will usually rely on a Paris Convention priority claim from your first application elsewhere, which lets you file in Vietnam while keeping your original date. That priority window is set by the Paris Convention rather than by Vietnamese practice, so it applies in the same way across member countries; even so, confirm how to claim it correctly and what evidence is needed with IP Viet Nam or local counsel.

The patent for utility solution (giai phap huu ich)

Alongside the standard invention patent, Vietnam offers a patent for utility solution (giai phap huu ich), its equivalent of the utility model found in many other countries. The defining feature is that a utility solution must be new and capable of industrial application but does not need to involve an inventive step. That makes it suited to practical, incremental inventions that are genuinely useful yet may not clear the inventive-step bar required for a standard invention patent. It is examined under its own procedure, and the timing and formalities differ from a standard patent, so treat the request-for-examination timing as a confirm-with-counsel detail because it is specific and consequential. The standard-versus-utility-solution decision is a genuinely fact-specific judgement that depends on how strong the inventive contribution is and how long you need protection. We explain the route in more detail in our guide to the patent for utility solution in Vietnam.

Getting to Vietnam via the PCT national phase

Many foreign applicants reach Vietnam through the Patent Cooperation Treaty rather than by filing directly. You file a single international (PCT) application, then later enter the Vietnamese national phase, where IP Viet Nam examines the application under its own law. This route gives you more time before committing to country-specific costs and translation, and it lets you defer the decision on whether Vietnam is worth the spend. Vietnam can be designated under the PCT, with IP Viet Nam acting as the designated Office for national-phase entry, and entry has its own time limit, translation requirements (a Vietnamese-language translation of the application) and formalities. We explain the international route in general in our overview of the PCT national phase.

Two things are worth flagging. First, national-phase entry deadlines are strict and are typically counted from your priority date, and missing them generally forfeits the right to a patent in Vietnam. Second, entering the national phase is not the same as requesting substantive examination; that separate request step still applies. Treat the specific national-phase deadline, translation rules and the examination-request deadline as confirm-with-counsel details, because they are precise and consequential.

Patent term and maintenance annuities

A Vietnamese patent runs for a defined term and is kept in force by paying periodic maintenance fees, known as annuities, throughout its life. Missing an annuity can cause the right to lapse, so diarising these payments is part of owning a Vietnamese patent. The term for a patent for utility solution is generally shorter than for a standard invention patent, which is part of the trade-off when you choose between the two. Official fees apply to filing, examination and annuities; confirm the current amounts with IP Viet Nam or local counsel, and confirm the applicable term and the annuity schedule for your specific right rather than assuming a fixed figure.

A note on using this information

This overview is general information about the Vietnamese patent system and is not legal advice. IPEnvoy is not a law firm and does not provide legal advice. Patent law in Vietnam is detailed and changes, and the deadlines, terms, fees and ongoing reforms described here in general terms should be confirmed against IP Viet Nam's official website or with a qualified local IP professional before you act. Where it helps, IPEnvoy can route you to vetted local counsel in Vietnam who can assess your specific position and handle filing, examination and enforcement.