• Patent fees

Fees associated with filing a patent application in Vietnam as well as other patent fees are available in the fee calculator.

• Term for filing patent applications in Vietnam

The 12-month deadline applicable for the patent applications filed under Paris Convention cannot be restored.

• Minimum filing requirements in Vietnam

- applicant's name and address;
- inventor's name and address;
- specification, title of the invention and set of claims;
- priority application data.

• Language of the patent application in Vietnam

The filing language of patent registration in Vietnam is Vietnamese. The application materials in Vietnamese must be provided at the time of filing.

• Priority document

The priority document must be submitted within three months from filing a patent application in Vietnam. Translation into national language is not usually required.

• Power of Attorney (POA) requirements

A simply signed original POA must be submitted within one month from filing the patent application in Vietnam. Notarization or legalisation is not required.

• Substantive examination request

The substantive examination should be requested along with filing an application or within 42 months from the earliest priority date. The accelerated examination program is available. Besides, it is possible to file a request for use of the search and examination results from the ASPEC member-country, and thus expedite the examination process. 

• Publication and opposition period

The application is published within 19 months from the filing or priority date. The period for filing an opposition against a Vietnamese patent application by a third party commences on the publication date and ends after 9 months counted from the publication date.

• Grant and maintenance fees

The grant fee must be paid within three months from the date when a decision to grant a patent is issued. Annual maintenance fees in Vietnam are due for each year after the grant of the patent. The first annuity is usually settled together with the official fee for the grant. All subsequent annuities should be paid within six months before the anniversary of the grant date. Late payment is possible within six months after the due date alongside payment of a surcharge. 

• Grace period

If the disclosure of the information on the invention has been made by the applicant, inventor or assignee at the officially recognised exhibition within 12 months before the date of filing, such disclosure does not disprove the novelty of an invention.

• Representation by a patent attorney

It is required for the foreigners to perform the patent prosecution in Vietnam through an agent, a Vietnamese registered patent attorney.

Brief summary is based on the information provided by HAIHAN-IP on 27.02.2024
Please contact us if the above information is not in conformity with Vietnamese IP Laws.