Vietnam

Vietnam offers a robust legal framework and seamless access to key Southeast Asian markets.

Patent Protection in Vietnam

Vietnam has emerged as a key intellectual property jurisdiction in Southeast Asia, offering a patent system aligned with international standards while reflecting local legal requirements. The regime is administered by the National Office of Intellectual Property of Vietnam (NOIP) under the Ministry of Science and Technology. Applicants can pursue both national filings and international routes via the Paris Convention and the Patent Cooperation Treaty (PCT). While examination timelines can be protracted, Vietnam provides a valuable pathway for securing patent protection in one of the region’s fastest-growing economies.

Why File in Vietnam?

One of the largest and fastest-growing consumer markets in ASEAN.
Attracting major multinational investment in manufacturing, technology, and life sciences.
Member of multiple free trade agreements, including Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and EU-Vietnam Free Trade Agreement.
Rising importance of patent protection in Vietnam’s global supply chain role.
Relatively low cost of patent filing and maintenance, coupled with improving IP enforcement mechanisms.
Cost-effective and strategically essential jurisdiction for patent holders.

Vietnam Patent System Overview

If you want to learn more about Voyage IP’s Vietnam service offering, please contact us here.
Government Agency Responsible for
Patent Registration
Patent registration is administered by the National Office ofIntellectual Property of Vietnam (NOIP)
Patent Examination
Official Language
Vietnamese

Vietnam Patent Filing Statistics

Source: WIPO Statistics Database
Major international treaties
ASEAN Patent Examination Cooperation (ASPEC)
Budapest Treaty
Paris Convention
Patent Cooperation Treaty (PCT)
Agreement on Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS)

Types of Patents

A Standard Patent in Vietnam lasts 20 years from filing, offering inventors strong protection for their innovations.
Patent Type
term
remarks
Invention Patent
20 years from filing
Granted by re-registering patents from the UK, Europe, or China.
Subject to substantive examination
Utility Solution Patent
10 years from filing
Faster grant, no inventive step required but must be novel and industrially applicable

Significant Prosecution Deadlines

Vietnam is a leading intellectual property hub in Asia, offering a transparent, efficient, and internationally harmonised patent system.
EVENT
DEADLINE
Paris Convention
12 months from earliest priority date
PCT National Phase Entry
31 months from earliest priority date
Substantive Examination
42 months from earliest priority date
Divisional Application
Voluntary divisional application allowed anytime during pendency of the application.

Accelerated Examination Programs

ASEAN Patent Examination Cooperation

Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam.

Patent Prosecution Highway

Japan and South Korea

Availability of Prefiling Grace Period

Vietnam provides a 12-month grace period for disclosures by the applicant or a third party who obtained the information from the applicant and disclosures made without the consent of the inventors. However, earlier published applications are not exempted as prior art.

Filing Formalities

National Phase Patent Application

Document/action
Required?
deadline to submit
certification/legalization required?
extension of time available?
Power of Attorney
Yes
34 months from earliest priority date
No
No
Assignment
No
-
-
-
Translation of Application to Vietnamese
Yes
At filing
-
No
Translation of Non-Vietnamese Priority Document
No
-
-
-
Certified Priority Document Required
No
-
-
-

Paris Convention Patent Application

Document/action
Required?
deadline to submit
certification/legalization required?
extension of time available?
Power of Attorney
Yes
1 month from filing date
No
No
Assignment
Not required if inventor is employee of applicant
1 month from filing date
No
No
Translation of Application to Vietnamese
Yes
At filing
No
No
Translation of Non-Vietnamese Priority Document
No
-
-
-
Certified Priority Document Required
Yes
3 month from filing date
Certification required
No

Subject Matter Eligibility

Vietnam is a leading intellectual property hub in Asia, offering a transparent, efficient, and internationally harmonised patent system.
Excluded subject matter includes:
01
Scientific discoveries, theories, and mathematical methods.
02
Schemes, plans, rules, and methods for performing mental acts, training animals, playing games, or doing business.
04
Methods of treatment of humans and animals.
05
Plant varieties and animal breeds.
06
Inventions contrary to public order or morality.
Additional Things to Consider:
01
Applicants should carefully structure claims to avoid exclusions, especially for software, medical, and agricultural inventions.
02
Local counsel confirmation may be required for recent procedural updates.

Need Help or a
Cost Estimate?

Have questions or require a cost estimate? Please contact us here.