Introduction
Vietnam has entered a new phase of intellectual property reform with the National Assembly’s approval of extensive amendments to the Law on Intellectual Property on 10 December 2025. Scheduled to take effect on 1 April 2026, these revisions represent a deliberate effort to equip the country’s IP system for an increasingly technology‑intensive economy. The updated framework is designed to support faster innovation cycles, strengthen legal clarity in emerging technological fields, and promote broader commercialization of research outcomes.
Although the amendments touch all major categories of IP protection, the most consequential developments concern patents. The revised provisions streamline key procedural steps, introduce clearer rules on inventorship in the context of artificial intelligence, and formally position patents as assets capable of financial valuation and commercial exploitation. Together, the changes signal Vietnam’s intent to align more closely with international best practices and to cultivate an environment where innovation can translate more rapidly into economic value.
Accelerated Patent Prosecution: Tackling Examination Delays
One of the most impactful changes addresses a chronic challenge in Vietnam's patent system: lengthy examination timelines. The amended law introduces substantially reduced statutory deadlines across the patent prosecution process.
For invention patents, substantive examination must now be completed within 12 months from the publication date or examination request date, whichever is later—a significant reduction from the previous 18-month timeline. The deadline for requesting substantive examination has also been shortened from 42 months to 36 months from the filing or priority date. These changes aim to reduce the typical 3-5 year waiting period that patent applicants have historically faced due to examination backlogs at the Intellectual Property Office of Vietnam (IPVN).
Opposition timelines have also been refined. The opposition period for patent applications is now six months from the publication date, or further reduced to three months if the application is examined under the new fast-track mechanism.
Early publication for patent application is also clearly stipulated. Where the applicant requests early publication, the application shall be published within 01 month from the date on which the request for early publication is made or from the date on which the application is deemed valid, whichever occurs later.
Fast-Track Examination: A New Avenue for Priority Applications
The amended law introduces an innovative fast-track examination mechanism that allows substantive examination to be completed within just three months from the later of the publication date or the request for examination. This accelerated pathway applies to patents in cases prescribed by the Government, providing applicants with a significantly faster route to patent protection for strategically important inventions.
This mechanism complements Vietnam's existing Patent Prosecution Highway (PPH) programs with partner countries and the ASEAN Patent Examination Cooperation (ASPEC) program, offering multiple avenues for applicants to expedite their patent prosecution.
Clarity on AI and Inventorship: Drawing the Line
In response to the global debate surrounding artificial intelligence and intellectual property, the amended law provides explicit guidance on AI-generated inventions. Specifically, Article 1.2 of the amended law supplements Clause 5 of Article 6 of the current law, which delegates authority to the government to provide detailed regulations on the accrual and establishment of IP rights where such subject matter is created using AI systems. However, AI itself is not recognized as a rights holder, and the law does not provide protection for works or inventions created entirely by AI. Under the current IP law, IP rights can only accrue to and be established for organisations and individuals. For creations involving AI, the law adopts a cautious approach and leaves the determination of the required level of human contribution to future government guidance.
This clarification has significant practical implications. Research and development teams must now maintain comprehensive documentation demonstrating substantive human creative input in the inventive process. Failure to comply with these inventorship requirements could result in patent invalidation, making proper documentation of the human contribution to AI-assisted inventions critical for patent portfolio management.
Importantly, the law distinguishes between AI-assisted inventions (where humans provide substantial creative input) and purely autonomous AI-generated outputs, with only the former eligible for patent protection.
In addition, Article 1.3 of the amended IP Law supplements Clause 5 of Article 7 of the current Law, permitting the use of lawfully published and publicly accessible texts and data for scientific research, testing, and AI training, provided that such use does not unreasonably prejudice the legitimate rights and interests of authors and right holders.
This provision marks the first time that IP law has codified, at the statutory level, the use of published texts and data for research, testing and technological development activities, including the training of AI systems. However, the concept of unreasonable prejudice has not yet been clearly defined, and detailed guidance has yet to be issued.
Patent Commercialization: From Rights to Economic Assets
Perhaps the most strategic shift in the amended law is the explicit recognition of patents as economic assets capable of valuation, transfer, and use as collateral. Article 8a establishes that IP rights, including patents, constitute assets that can be valued, pledged as collateral for loans, and exploited as economic resources.
The government has been tasked with developing detailed accounting, disclosure, and valuation rules to make patents fully financeable. Companies will be required to record IP assets in their accounting books, and the law mandates the establishment of a national database of IP transaction prices to serve as reference benchmarks for the market.
For state-funded research and development, the amended law grants implementing organizations explicit rights to apply for patent protection, organize commercialization activities, and distribute benefits. This provision is designed to accelerate the translation of publicly funded research into market applications, addressing the long-standing challenge of commercializing academic and government research outputs.
Eased National Security Filing Requirements
Article 89a removes the previous requirement to file first in Vietnam for certain inventions related to national security, while also narrowing the scope of national security review. Specifically, the subject matter is regulated only when all three conditions are met simultaneously:
(1) The invention is classified as a state secret;
(2) It belongs to a technical field that impacts national defense and security; and
(3) The entity entitled to register is either (i) an individual who is a Vietnamese citizen residing in Vietnam, or (ii) an organization established under Vietnamese law.
In such cases, prior to filing a patent application abroad, obtaining permission from either the Ministry of National Defense or the Ministry of Public Security is mandatory.
These amendments reduce procedural burdens for applicants managing international patent portfolios and improve the flexibility of Vietnam-originating inventions in cross-border filing strategies, making Vietnam a more attractive jurisdiction for multinational corporations conducting R&D activities.
Compulsory Licensing and Patent Valuation Framework
The amended law introduces a government-determined framework for calculating compensation in compulsory licensing cases under Article 146.1(d), with Article 147.1 allowing provincial-level authorities to issue such licenses in certain circumstances. These updates aim to bring greater predictability to patent valuation when licensing is mandated in the public interest, particularly in sectors such as healthcare, energy, and essential goods.
While this framework provides clarity, it also introduces new considerations for patent owners in policy-sensitive sectors where compulsory licensing may be triggered by public interest concerns.
Expanded Invalidation Grounds
Articles 96.1 and 96.2 expand the grounds for patent invalidation. Most notably, improper inventorship—where the named inventor is not the true inventor or is not a human individual—now constitutes grounds for invalidation. Additionally, violation of the first-to-file principle (double patenting), previously applicable only to invention patents, now also applies to design patents.
Implications for Patent Practitioners and Rights Holders
These amendments collectively reshape Vietnam's patent landscape in several key ways:
- Faster Protection: Reduced examination timelines and the fast-track mechanism enable applicants to secure patent rights more quickly, improving time-to-market for innovations.
- Documentation Requirements: The AI inventorship provisions necessitate more rigorous documentation of the human contribution to inventions, particularly in AI-assisted R&D environments.
- Financial Opportunities: The commercialization framework opens new opportunities for leveraging patents as financial instruments, though implementation will depend on forthcoming government regulations on valuation methodologies.
- Strategic Filing Decisions: The relaxed national security filing requirements provide greater flexibility for multinational corporations in managing global patent portfolios involving Vietnam-originating inventions.
- Portfolio Management: Expanded invalidation grounds require more careful attention to inventorship accuracy and compliance with first-to-file requirements.
Conclusion
Vietnam's 2025 IP Law amendments represent a fundamental transformation of the country's patent regime from a primarily rights-protection framework to a commercialization-oriented system aligned with international standards. By addressing procedural inefficiencies, clarifying emerging issues around AI inventorship, and creating mechanisms for patent monetization, the amendments position Vietnam as an increasingly attractive jurisdiction for innovation-intensive industries.
As the 1 April 2026 effective date approaches, patent applicants, rights holders, and R&D organizations should review their filing strategies, update internal documentation procedures, and prepare to leverage the new commercialization opportunities that these reforms create. The success of these amendments will ultimately depend on the implementing regulations and the capacity of Vietnam's IP infrastructure to deliver on the promise of faster, more predictable, and economically meaningful patent protection.