As Vietnam’s economy continues to expand and modernize, its legal framework for intellectual property has become increasingly robust. For international companies operating in Southeast Asia, understanding Vietnam’s patent regime is essential not only to safeguard innovation but also to ensure competitive positioning in one of the region’s most dynamic markets.
Vietnam has taken significant steps to align its intellectual property system with international standards. As a member of the World Trade Organization, the country adheres to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It is also a signatory to the Paris Convention and the Patent Cooperation Treaty (PCT), reflecting its willingness to facilitate cross-border protection of inventions. Domestically, the primary legislation governing patent law is the Law on Intellectual Property, most recently amended in 2022. The competent authority overseeing patents is the National Office of Intellectual Property, commonly referred to as IP Vietnam, it operates under the Ministry of Science and Technology.
- What Makes an Invention Patentable?
In the current Vietnamese legal environment, patents serve a dual strategic purpose. On the one hand, they offer legal protection for technological innovations. On the other, they provide companies with powerful tools for business development, licensing, and market exclusivity. This is particularly relevant in high-growth sectors such as pharmaceuticals, information technology, manufacturing, and biotechnology, where innovation plays a pivotal role. On September 26, 2024 in Geneva the World Intellectual Property Organization (“WIPO”), published the “Global Innovation Index 2024”. Vietnam increased its number of places in several areas, including innovation production. Indeed, the country of the dragon has moved up 4 places on the Index from 40th to 36th place compared with 2023. Innovation production is made up of 2 pillars: knowledge and technology products and creative products. Already known as an innovation winner since 2022, Viet Nam has exceeded expectations regarding its level of development.
To qualify for protection under Vietnamese law, an invention must satisfy three fundamental criteria: novelty, inventive step, and industrial applicability. The invention must not have been disclosed to the public prior to the filing or priority date; the invention must not be obvious to a person skilled in the relevant field; and it must be capable of practical application. Vietnamese law excludes certain subject matter from patentability, including abstract ideas, scientific theories, natural phenomena, and aesthetic creations. However, some software-related inventions may be eligible if they involve a technical solution.
Applicants can file for patent protection in Vietnam through the national route or via the international PCT system. Foreign applicants are required to act through a licensed Vietnamese intellectual property agent.
- National Patent Filing Through IP Vietnam
The National Office of Intellectual Property of Vietnam (NOIP) is the governmental authority responsible for the administration and enforcement of intellectual property rights in the country. Functioning under the Ministry of Science and Technology, the NOIP supervises the examination, registration, and issuance of patents, trademarks, and industrial designs. It plays a central role in fostering innovation and ensuring that Vietnam’s legal infrastructure complies with international standards, including those established by the World Trade Organization and the Patent Cooperation Treaty. Headquartered in Hanoi, the NOIP also maintains regional offices in Ho Chi Minh City and Da Nang, which enhances accessibility for inventors and companies throughout the country and contributes to a more decentralized and responsive IP protection system.
The national filing process begins with the submission of a Vietnamese-language application containing a description, claims, abstract, and, where applicable, drawings. Following this, IP Vietnam conducts an examination to verify compliance with procedural requirements. The application is then published, typically 18 months after the filing or priority date, unless early publication is requested. Substantive examination must be requested within 42 months from the filing or priority date, after which the application is assessed on its patentability. If granted, the patent is valid for 20 years from the filing date, provided that annual maintenance fees are paid starting from the fifth year. The law allows a six-month grace period for late payments, subject to surcharges.
- Applying for Patent Protection Abroad
For foreign applicants using the PCT route, the national phase in Vietnam must be entered within 31 months from the priority date. This requires the appointment of a local agent, the submission of a Vietnamese translation of the application, and the payment of relevant national fees. The application will then follow the same examination process as a direct national filing. This route offers a streamlined process for applicants seeking patent protection in multiple jurisdictions, while ensuring compliance with Vietnam’s specific legal requirements. The international application is then published by the International Bureau of WIPO 18 months after the priority date. The applicant may request an International Preliminary Examination (Chapter II of the PCT) to obtain a more in-depth, non-binding assessment of the patentability of his invention.
Patent holders in Vietnam may enforce their rights through administrative actions, civil litigation, or in serious cases criminal prosecution. Administrative enforcement mechanisms, including customs control and market inspections, are commonly used due to their relative speed. Civil remedies include injunctive relief and compensation for damages. Despite ongoing improvements, enforcement challenges persist, notably in the form of judicial delays and limited technical expertise among some local authorities. Nonetheless, Vietnam continues to work with international partners to enhance the capacity of its legal and judicial institutions.
Vietnam is a signatory to several international treaties that facilitate patent protection across multiple jurisdictions. The country joined the Patent Cooperation Treaty (PCT) in 1993, allowing applicants to file international patent applications. Under the PCT, an applicant can seek protection in Vietnam through the national phase entry, which must occur within 31 months from the priority date.
Additionally, Vietnam is a member of the Paris Convention, which grants priority rights to applicants filing in multiple countries within 12 months. The country also adheres to the TRIPS Agreement under the World Trade Organization (WTO), ensuring compliance with international patent protection standards.
In this evolving landscape, it is crucial for foreign companies to adopt a proactive patent strategy. This includes early registration of key inventions, careful attention to formal requirements particularly regarding translation and documentation and the use of contractual mechanisms such as licensing and technology transfer agreements, which are legally recognized and enforceable under Vietnamese law.
- Conclusion
Vietnam represents both an opportunity and a challenge for innovators. Its dynamic economy, growing innovative ecosystem, and increasingly reliable legal framework make it an attractive jurisdiction for intellectual property protection. However, the procedural complexities and linguistic nuances of the Vietnamese system mean that the support of experienced local counsel is indispensable. Whether filing directly or entering through the PCT, international businesses should view patent protection in Vietnam not as a formality, but as a strategic investment in the region’s future.
Ania, K Ait Ouali
