Major international treaties signed
  • Patent Co-operation Treaty
  • Paris Convention
Costs of obtaining a patent
Average time to obtain a patent 5 – 6 years
Official language for patent prosecution Vietnamese
Non-patentable subject matter
  • Discoveries, scientific theories; mathematical formulae
  • Schemes, plans, rules or methods for performing mental acts, playing games, doing business; computer programs
  • Presentations of information
  • Solutions of aesthetic characteristics only
  • Plant varieties, animal varieties
  • Processes of essentially biological nature for the production of plants and animals other than microbiological processes
  • Methods of diagnostic, prophylaxis and treatment for human or animals
Grace period for prior disclosure or sale
  • Six months before filing date in Vietnam
Major prosecution events Paris Convention entry: 12 months

National phase entry:31 months

Formality Examination : 1 months from local filing date

Substantive Examination: 42 months

Term of examination: 18 months

Payment of grant fee : At the end of examination

Renewals (after grant): Every year on anniversary of grant date

Extension of deadlines Only one extension permitted, for a period of 2 months
Pharmaceutical Data Exclusivity Laws In force
Parallel Imports Allowed
Term of patent 20 years from filing date
Patent term extension Not available
Restoration of lapsed patent Not Allowed
Search and Examination The Vietnamese National Office of Intellectual Property (NOIP) conducts its own Search and Examination, both as to form and as to substance
Other forms of patents Utility Solution (for minor inventions)
Useful links
Infringement offence Civil and Criminal (in special cases)
Any specialized courts for IP No
Outline of the enforcement steps
  • Cease and Desist Letter
  • File a petition at the local authority to denounce the infringer
Relief against groundless threats Not Available
Declaration of non-infringement Not Available
Preliminary injunctions Available
Alternative dispute resolution (i)  Mediation
(ii) Arbitration
Availability of damages and other relief for infringement (i)    Injunction
(ii)   Loss of revenue
(iii)  Account of profits