Patent for inventions, utility solutions:

In Vietnam, patents can be granted for inventions that are new on a worldwide basis, industrially applicable and involve an inventive step. Patents can also be granted for “utility solutions” that are basically inventions that do not involve an inventive step.

Patents become effective on the date of issuance. Patents for inventions are valid for a term of 20 years computed from the filing date. The patent term for “utility solution” is 10 years computed from the filing date.

Vietnam is a member of both the Paris Convention and the Patent Co-Operation Treaty (PCT). The time limit for entering the national phase in Vietnam is 31 months for both applications under PCT chapter I and PCT chapter II. A six-month grace period may be available upon payment of the late entry fee.

Vietnam follows the deferred examination system for patent applications, meaning that published applications shall not be examined as to substance without a request made by the applicant or a third party. The time limit for submitting the request is 42 months for invention patents and 36 months for utility solutions, computed from the earliest priority date. Failure to submit the request within the prescribed time limits shall result in the application being regarded as withdrawn.

Local time

Sunday, 4 December 2022

Contact us

    Hanoi Office:
  • Address: 5th Floor, Toserco Building
    273 Kim Ma, Ba Dinh
    Hanoi, Vietnam
  • Tel: +84 (24) 3 7 349026
  • Fax: +84 (24) 3 7 349027

  • Ho Chi Minh City Office:
  • Address: 4th Floor, Green Star Building
    70 Pham Ngoc Thach, District 3
    Ho Chi Minh City, Vietnam
  • Tel: +84 (28) 3 8 208676
  • Fax: +84 (28) 3 8 208677