Patent Application Process in Vietnam (National Phase Entry under PCT)
Step 1: Filing the National Phase Application

Deadline: 31 months from the priority date (PCT application filing date).

Required Documents:

  • PCT application details (WO publication, international search report, and written opinion).
  • Vietnamese translation of the specification (claims, description, drawings, and abstract).
  • Power of Attorney (POA) (signed, no notarization required).
  • Deed of Assignment (if the applicant differs from the PCT applicant).
  • Certified copy of priority document (if required).
Step 2: Formality Examination

– The Vietnam Intellectual Property Office (IP Vietnam) reviews the application for completeness and compliance with formal requirements.

– If deficiencies are found, a Notice of Formality Defects is issued, allowing the applicant to correct them within a specified period.

Step 3: Publication of Application

– The application is published in the Industrial Property Gazette after 19 months from the priority date (or within 2 months from acceptance of formality examination if the application has passed the 19-month mark).

– Third parties may submit oppositions or observations regarding patentability.

Step 4: Substantive Examination

Request Deadline: Must be filed within 42 months from the priority date.

– IP Vietnam conducts a detailed examination to assess novelty, inventive step, and industrial applicability.

– If objections arise, an Office Action is issued, allowing the applicant to respond with arguments or amendments.

Step 5: Grant and Maintenance

– If the application meets all patentability requirements, IP Vietnam issues a Decision to Grant a Patent.

– The applicant must pay the grant and publication fees within the prescribed period.

– Once granted, the patent is valid for 20 years from the filing date, subject to annual maintenance fees.

Additional Notes
  • Timeframe: The entire process may take 3–5 years, depending on examination complexity and potential objections.
  • Protection Scope: Covers inventions in Vietnam but does not extend internationally.
  • Extensions: No extensions are allowed beyond the 31-month deadline for national phase entry.
Non-PCT Patent Application in Vietnam
Step 1: Filing the Patent Application

Priority Claim: Must be filed within 12 months if claiming priority.

Required Documents:

  • Applicant and Inventor Information
  • Specification (claims, description, drawings, abstract)
  • Certified copy of priority document (if applicable)
  • Power of Attorney (POA)
  • Deed of Assignment (if required)
Step 2: Formality Examination

IP Vietnam examines the application for compliance with formal requirements within about one month.

Step 3: Publication of Application

Published after 19 months from the priority date or within two months of acceptance.

Step 4: Substantive Examination

Must be requested within 42 months. Examination evaluates novelty, inventive step, and industrial applicability.

Step 5: Grant and Maintenance

Patent granted upon meeting requirements. Valid for 20 years with annual maintenance fees.

Additional Notes
  • Vietnam follows the first-to-file system.
  • Security control applies to inventions made in Vietnam.
  • No extensions beyond the 12-month priority deadline.