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Vietnam is one of the fastest-growing economies in ASEAN, and Japanese companies are showing increasing interest in the country both as a manufacturing hub and a market. The 2022 amendment to the Intellectual Property Law (effective January 1, 2023) has significantly advanced the harmonization of the system with international standards, making it more user-friendly for foreign applicants.
In this article, a patent attorney provides a comprehensive overview of the Vietnamese patent system from a practical perspective tailored for Japanese companies. The article covers the legal framework, key points of the 2022 amendments, a comparison between invention patents and utility models, patent eligibility, the application process, PCT conversion, infringement responses, and cost estimates.
📌 Three Key Concepts of the Vietnamese Patent System
- Integrated framework under a single IP law + Modernization through the 2022 major amendments
- A two-tier system with 20-year invention patents and 10-year utility model patents (both subject to substantive examination)
- The Quality of the Vietnamese Translation Is the Lifeline of Your Rights (The Vietnamese Version Is the Authoritative One)
Table of Contents
- Structure of Vietnam’s Intellectual Property Law and Competent Authorities
- Key Patent-Related Points of the 2022 IP Law Amendment
- Comparison of Invention Patents and Utility Models
- Patentability (Patentable Subject Matter)
- Application Procedures and Examination Flow
- PCT National Phase and Paris Convention Priority
- Enforcement of Rights and Response to Infringement
- Invalidity Proceedings, Opposition, and Third-Party Opinions
- Compulsory Licenses
- Estimated Costs
- Practical Tips for Japanese Companies
- Free Consultation & Inquiries
1. Structure of Vietnam’s Intellectual Property Law and Competent Authorities
Vietnam’s intellectual property law is a unified code based on Law No. 50/2005/QH11 (effective July 1, 2006), which has undergone three amendments. This single law governs all intellectual property rights, including trademarks and copyrights.
| Legal Categories | Name/Number | Effective Date | Main Significance |
|---|---|---|---|
| Original Law | Law No. 50/2005/QH11 | July 1, 2006 | Enactment of IP Law and Preparation for WTO Accession |
| First Amendment | Law No. 36/2009/QH12 | 2009 | TRIPS Harmonization |
| Second Amendment | Law No. 42/2019/QH14 | 2019 | CPTPP Compliance and Pharmaceutical Data Protection |
| Third Amendment (Latest) | Law No. 07/2022/QH15 | January 1, 2023 | EVFTA/RCEP Compliance, Major Patent Reform |
| Implementing Decree | Decree No. 65/2023/ND-CP | 2023 | Detailed Rules on Patent, Trademark, and Other Procedures |
| Circular | Circular 23/2023/TT-BKHCN | 2023 | Examination Guidelines and Forms |
The competent authority is the Intellectual Property Office of Vietnam (IPVN/IP Vietnam), known in Vietnamese as Cục Sở hữu trí tuệ, which is the registration authority for patents, utility models, industrial designs, and trademarks under the Ministry of Science and Technology (MOST). The abbreviation has been changed from the former NOIP to the current IPVN/IP Vietnam. Copyright is administered by a separate organization (COV, under the Ministry of Culture, Sports, and Tourism).
2. Key Patent-Related Points of the 2022 IP Law Amendment
The 2022 amendments constitute a major overhaul aimed at harmonizing with FTAs such as the EVFTA and RCEP, facilitating the utilization of publicly funded research results, and streamlining procedures. These changes include provisions that Japanese applicants cannot afford to ignore.
⭐ 1. Exceptions to Loss of Novelty
The grace period has been extended from 6 months to 12 months. The scope has also been clarified to include improper disclosure by inventors, applicants, and unauthorized third parties (Art. 60.3, 60.4). This brings it to the same level as Article 30 of the Japanese Patent Act.
⭐ 2. Establishment of an Opposition System
A formal opposition system has been established, allowing for opposition within 9 months of publication (Art. 112a). A system for monitoring competing patents after publication is necessary.
⭐ 3. Clarification of restrictions on amendments
Explicit prohibition of amendments that go beyond the disclosure in the original specification (new matter) (Art. 115). Aligns with practices in Japan and the EPO.
⭐ 4. Right to File Applications for Research Results Funded by Public Funds
Clarifies that the right to file an application belongs to the implementing organization (research institutions, etc.) (Art. 86, 86a).
⭐ 5. Expansion of Compulsory Licensing
Expanded grounds, including public health crises, pandemic response, and pharmaceutical exports (TRIPS Article 31bis) (Art. 145, 146).
⭐ 6. Genetic Resources and Traditional Knowledge
Introduces an obligation to disclose the origin of biotechnological inventions (Art. 86a).
💡 Practical Implications for Japanese Clients: ① The grace period has been set at 12 months, the same as under Article 30 of the Japanese Patent Act; ② Since the restrictions on amendments have been brought closer to Japanese practice (Article 17-2, Paragraph 3), a review of translation and amendment strategies for patent specifications is necessary; ③ The requirement to file a formal opposition within 9 months of publication necessitates the establishment of a monitoring system for competing patents after publication.
3. Comparison of Invention Patents and Utility Models
Vietnam has adopted a two-tier system consisting of invention patents (Bằng độc quyền sáng chế) and utility models (Bằng độc quyền giải pháp hữu ích). A key difference from Japan’s utility model system (which is non-examined) is that both undergo substantive examination.
| Comparison Items | Invention Patents | Utility Model |
|---|---|---|
| Legal Basis | IP Law, Article 58, Paragraph 1 | IP Act, Article 58, Paragraph 2 |
| Subject Matter | Technical solutions for products or methods | Same as above (In practice, the interpretation that only “articles” are covered is predominant) |
| Novelty | Absolute Novelty (Prior Art) | Same standard |
| Invention | Required (not obvious to a person skilled in the art) | Not required. Only "not common knowledge" |
| Term of Protection | 20 years from the filing date | 10 years from the filing date |
| Substantive examination | Yes | Yes (except for inventive step) |
| Deadline for requesting substantive examination | Within 42 months | Within 36 months |
| Standard examination period (official) | 18 months | 12 months |
| Actual processing time | 3–5 years | 2–3 years |
| Amendment application | Until substantive examination begins, conversion to a utility model is possible | May be converted to an invention patent |
💡 Practical Strategies for Japanese Companies: For core technologies, inventions requiring 20 years of protection, and large-scale projects to be patented overseas, file for an invention patent. For改良発明 (improvement inventions) where inventive step is questionable or in fields with short product lifecycles, file for a utility model. Generally, a “safety net” approach is recommended: “First file for an invention patent → If rejected for lack of inventive step, convert to a utility model.”
4. Patentability (Patentable Subject Matter)
Inventions eligible for patent protection must satisfy three requirements: novelty, inventive step, and industrial applicability (Article 58 of the Intellectual Property Act). Meanwhile, Article 59 lists grounds for non-patentability.
⚠️ Grounds for Non-Patentability (Art. 59)
- Discoveries, scientific theories, mathematical methods
- Rules or methods of mental activity, games, business methods, computer programs (pure software)
- Presentation of information (may be patentable if the data structure has technical significance)
- Aesthetic creations (consider protection under design rights)
- Methods of diagnosis, treatment, or surgery for the human body or animals (substances and medical devices are eligible)
- Plant and animal varieties; breeding methods that are essentially biological
- Inventions contrary to public order, public morals, public health, or national defense
Software and CII inventions
While "computer programs as such" are not patentable, implementations that produce a technical effect tend to be recognized under the EPO-style approach. It is important to clearly state the technical problem and the technical solution in the specification.
Pharmaceutical inventions
New compounds, pharmaceutical compositions, manufacturing methods, and first medical uses are generally patentable. Regarding second medical uses, Swiss-type claims ("Use of compound X for the manufacture of a medicament for treating Y") are generally accepted in practice; however, there is some inconsistency in application, so it is recommended to check the latest case law. Inventions characterized by administration methods or regimens fall under the category of therapeutic methods and are not patentable.
Biotechnology-Related Inventions
Isolated microorganisms, genes, and antibodies are patentable provided their function and utility are clearly disclosed. Microbiological methods and recombinant methods are also patentable; however, plant and animal varieties, as well as essentially biological breeding methods, are not patentable. Due to the 2022 amendment introducing an obligation to disclose the origin of genetic resources and traditional knowledge (Art. 86a), caution is required when filing applications for related inventions.
5. Application Procedures and Examination Flow
Required Documents and Language Requirements
Application documents consist of the application form, specification, claims, abstract, and drawings; the language is generally Vietnamese. In practice, it is common to file the application in English first and submit a Vietnamese translation within two months of the filing date to secure the filing date.
| Documents | Requirement | Submission Deadline |
|---|---|---|
| Application Form, Description, Claims, Abstract | Required | At the time of filing (Vietnamese translation must be submitted within 2 months; extension possible) |
| Drawings | As required | At the time of filing |
| Certificate of Priority (DAS acceptable) | When claiming priority | Within 3 months of the filing date |
| Power of Attorney (POA) | When appointing a representative | Within 1 month; no notarization or authentication required |
| Deed of Assignment | If the inventor and the applicant are different persons | Same as above |
✅ The fact that notarization and authentication of the Power of Attorney (POA) are not required is a major advantage of the Vietnamese system. While countries such as China and Indonesia require notarization, the procedure here is straightforward; obtaining a single general POA and entrusting it to a local agent allows it to be reused for future cases.
Application Routes and Timeline
Filing (Day 0)
Submit the application form and specification (in Vietnamese or English) to IPVN
Formality Examination (approx. 1 month)
Check of document format and requirements
Publication of the application (19th month)
Publication on the 19th month from the priority date or filing date (early publication is also possible)
Request for Substantive Examination (within 42 months for inventions / 36 months for utility models)
If the deadline is missed, the application expires. This is a mandatory procedure
Substantive examination (officially 18 months / actually 3–5 years)
Examination of novelty, inventive step, and industrial applicability
Response to Office Action (3 months, extendable by 3 months)
Response to and amendment of the Notice of Reasons for Rejection
Decision to Grant → Payment of Registration Fee → Issuance of Patent Certificate → Payment of Annual Fees (annually)
Maintenance of rights through annual annuity payments after registration
6. PCT National Phase Entry and Paris Convention Priority
🌐 PCT National Phase
Deadline: 31 months from the priority date (no 32-month extension available—please note) The primary
route when strategic timing is required
🇫🇷 Paris Convention Priority
Deadline: 12 months from the filing date in the first country
. Priority documents must be submitted within 3 months (DAS accepted). For early grant of rights
📌 Vietnam is a participant in the DAS system; if you obtain a DAS access code when filing with the JPO, there is no need to submit a paper priority certificate. The PCT route is the mainstream approach, and it is generally recommended to choose the Paris route only when targeting Vietnam alone or seeking early grant of rights.
7. Enforcement and Response to Infringement
In Vietnam, three routes coexist: civil litigation, administrative proceedings, and criminal proceedings. However, a key difference from trademark law is that patent infringement is not subject to criminal penalties (Article 225 of the Criminal Code applies only to copyright, and Article 226 applies only to trademarks and geographical indications).
| Comparison Items | Civil Litigation | Administrative Proceedings (Mainstream) | Criminal Proceedings |
|---|---|---|---|
| Legal Basis | IP Law Article 198, Civil Procedure Law | IP Law Article 211, Decree 99/2013 | Articles 225 and 226 of the Criminal Code |
| Jurisdiction | Intellectual Property Division of the People's Court | MOST Inspection Bureau, Market Management Bureau, Economic Police, Customs | Police, Prosecution, Courts |
| Application to Patents | ◯ The only means of obtaining damages | ◯ Most commonly used | × Not applicable |
| Remedies | Injunction, Damages, Destruction, Apology | Fines, forfeiture, destruction, corrective orders | — |
| Duration | 1–3 years (may be prolonged if an appeal is filed) | Several months to 1 year | — |
| Maximum administrative fine | — | Individuals: 250 million VND (approx. 1.5 million yen) / Corporations: 500 million VND (approx. 3 million yen) | — |
💡 In Vietnam, the administrative route is the mainstream approach. It is valued for its speed, low cost, and the ability to leverage the investigative authority of administrative agencies. Prior to filing a claim, it is virtually mandatory to obtain an expert opinion report from VIPRI (Vietnam Intellectual Property Research Institute) (processing time: 2–3 months), which serves as a decisive factor in determining infringement in both administrative and civil proceedings.
Damages (Article 205 of the IP Law) are calculated in the following order: (1) actual damages plus lost profits, (2) the infringer’s profits, and (3) an amount equivalent to royalties. If calculating any of these is difficult, the court may, at its discretion, award statutory damages of up to 500 million VND (approx. 3 million yen). Overall, the level of damages awarded is generally low.
8. Invalidity Proceedings, Opposition Proceedings, and Third-Party Opinions
The 2022 amendment established a formal opposition system, creating a three-tier structure for third-party involvement.
| Comparison Items | Third-Party Opinions | Opposition (Newly Established) | Invalidity Proceedings |
|---|---|---|---|
| Relevant Provisions | Art. 112 | Art. 112a (New in 2022) | Art. 96 |
| Timing | From publication to the decision to grant | Within 9 months after publication | After grant, in principle at any time during the term |
| Legal Status | Information Provision | Quasi-adversarial structure | Adversarial structure |
| Appeal | Not allowed | Yes | Administrative litigation: Permitted |
The deadline for filing a nullity action is generally within five years from the grant date; however, in cases based on lack of patentability (Art. 96(1)(b)) or acquisition in bad faith, a nullity action may be filed without any time limit.
9. Compulsory License
Article 145 of the IP Act stipulates the following grounds for the issuance of a compulsory license:
- Non-use (where the patent has not been put into use in Japan without justifiable grounds for four years after grant or three years after a request for a license)
- Public interest (national defense, national security, public health, nutrition)
- Countering anti-competitive conduct
- Export of pharmaceuticals (Doha Declaration, Article 31bis of the TRIPS Agreement; expanded by the 2022 amendment)
- Use of dependent patents
Royalties are generally determined by agreement between the parties; if no agreement is reached, MOST determines the amount by considering market royalty rates, economic value, and the grounds for granting the license (Art. 146). Compulsory licenses are non-exclusive, limited to transfers as part of a business entity, and generally restricted to supplying the domestic market. However, there are no confirmed public cases in Vietnam where a compulsory license has actually been invoked or granted. In reality, the system is positioned as a “preliminary bargaining chip” or a “policy option.”
10. Estimated Costs
Official fees (IPVN) are relatively inexpensive, with total official fees from application to registration amounting to only a few tens of thousands of yen; however, the majority of actual expenses consist of local agent fees and translation costs.
| Category | Item | Estimated Amount |
|---|---|---|
| Official Fees | Application fee / Independent claim | 150,000 VND (approx. 900 yen) |
| Substantive Examination Request Fee (Invention Patent) / Independent Claim | 720,000 VND (approx. 4,300 yen) | |
| Fee for Request for Substantive Examination (Utility Model) / Independent Claim | 480,000 VND (approx. 2,900 yen) | |
| Publication fee | 120,000 VND (approx. 720 yen) | |
| Registration fee / Independent claim | 120,000 VND (approx. 720 yen) | |
| Annuity (Years 17–20) / Independent Claim | 4.2 million VND (approx. 25,000 yen) | |
| Agent fees | Direct Application (10 claims) | USD 800–1,500 (approx. 120,000–230,000 yen) |
| PCT National Phase | USD 700–1,200 (approx. 110,000–190,000 yen) | |
| Response to Office Action (Standard to Complex) | USD 600–1,500 (approx. 90,000–230,000 yen) | |
| PATENT MAINTENANCE / YEAR | USD 50–150 (approx. 8,000–23,000 yen) | |
| Translation Fees | Mechanical and Electrical Fields (English → Vietnamese) | USD 0.08–0.12 per word |
| Chemistry, Biotechnology, and Pharmaceuticals | USD 0.12–0.20 per word | |
| Total Translation Cost for a Standard Specification (10,000 words) | USD 1,000–2,000 (approx. 150,000–300,000 yen) |
⚠️ Pension payments are made annually—unlike in Japan, where payments are made in a lump sum covering multiple years, payments here are made annually. Late payments are permitted only within six months, with a 10% surcharge per month of delay. Since fees are subject to annual revision, we recommend confirming the final estimate with a local agent.
11. Practical Tips for Japanese Companies
⚠️ The Critical Importance of Translation Accuracy
The Vietnamese version is the official version (authority), and the original language version is for reference only. Claim interpretation and infringement determinations are based on the Vietnamese translation, and translation errors directly lead to the risk of narrowing the scope of rights or invalidating the patent. Furthermore, inaccurate descriptions resulting from translation errors may not be corrected through amendments (due to the “new matter” rule), making the accuracy of the initial translation extremely important.Verification through back-translation, preparation of a glossary of technical terms, and double-checking by a trusted local agent and translator are highly worthwhile practices.
✅ Novelty Assessment and Response to Office Actions
Vietnam’s assessment of inventive step closely follows the EPO’s problem-solving approach; it is stricter than the U.S. standard and roughly on par with Japan’s. IPVN examiners tend to actively refer to prior examination results from the JPO, EPO, USPTO, KIPO, SIPO, and others (ISRs, IPERs, and national search reports), which is why PPH and ASPEC programs function effectively.The JPO-IPVN PPH trial program has been ongoing since 2016, and cases that have already received a patent grant in Japan may be eligible for accelerated examination in Vietnam (subject to an annual quota).
⏱ Preparing for Examination Delays
The gap between the official timeframe (18 months for substantive examination) and the actual timeframe (3–5 years) remains significant, with some cases in the chemical and pharmaceutical fields taking over five years. It is essential to request substantive examination at the time of filing or as early as possible, actively utilize PPH and ASPEC, and plan with ample leeway in the commercialization schedule. The situation is gradually improving following the 2022 reforms, which included digitization and an increase in the number of examiners.
🎯 Strategic Considerations
- PCT transition is the standard route (31-month grace period). The Paris route should be limited to cases requiring Vietnam-only or early grant of rights
- Utilize utility models as a defensive co-filing tool — For cases where inventive step is in question, consider utilizing amended applications (Art. 115)
- Power of attorney does not require notarization and can be reused with a general power of attorney — For companies filing multiple applications, it is efficient to leave a single copy with the local agent
- Given the 9-month opposition period following publication and the absence of a time limit for invalidation proceedings, maintain a system for continuously monitoring competing patents even after grant
- Actively utilize the JPO-IPVN PPH — Effective for early grant of rights in Vietnam for cases that have already received a decision in Japan
In Conclusion: Three Fundamental Principles of Japan-Vietnam Patent Practice
The Vietnamese patent system can generally be understood as an extension of Japanese patent practice if one grasps the following three key points: (1) integrated regulations under a single IP law and modernization through the major 2022 amendments; (2) a two-tier system with 20-year invention patents and 10-year utility model patents (both subject to substantive examination); and (3) the quality of the Vietnamese translation being the lifeline of the rights.
On the other hand, Vietnam’s unique practices—such as the fact that patent infringement is not subject to criminal penalties, administrative procedures being the primary means of addressing infringement, substantive examination taking 3 to 5 years, and VIPRI expert opinions being virtually mandatory—are extremely important for strategic planning.
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