Filing a patent or utility solution application
Patents run on first-to-file: whoever files first is examined first, regardless of who invented first. Publicly disclosing the solution before filing can destroy novelty and with it the entire prospect of protection.
- Competent authority: Intellectual Property Office of Vietnam — Ministry of Science and Technology
Steps
| # | Steps | Contents | Timeline | Legal basis |
|---|---|---|---|---|
| 1 | Search the prior art before filing (Case by case) | Search PATENTSCOPE, Google Patents and the IP Office database. An hour of searching can save millions of dong in examination fees on an application that was never going to succeed. | 1–4 weeks | |
| 2 | Draft the description and the claims | The claims define the scope of exclusivity. Drafted too broadly they are refused; too narrowly and competitors design around them easily. This is the main reason people engage an IP attorney. | 2–8 weeks | Điều 102 Luật SHTT; Thông tư 10/2026/TT-BKHCN |
| 3 | File the application and pay the fees | 1 day | ||
| 4 | Formality examination | Checks the formal validity of the application and assigns the IPC classification. | 1 month from the date of a valid filing | Điều 119 Luật SHTT |
| 5 | Publication of the application | From publication, the invention becomes public. It is also the point from which provisional rights in the invention begin to run. | As provided by the publication rules | Điều 110 Luật SHTT |
| 6 | Request substantive examination | An application is not examined on the merits unless a request is made and the fee paid within the statutory window. Missing it means the application is deemed withdrawn. | Within the statutory period from publication | Điều 113 Luật SHTT |
| 7 | Substantive examination | Assesses novelty, inventive step and industrial applicability. From 1 April 2026 the deadline is shortened to no more than 7 months from publication, and eligible applications may request accelerated examination under Article 14a of Decree 65/2023 (as amended). | No more than 7 months from publication | Luật số 131/2025/QH15; Nghị định 100/2026/NĐ-CP; Thông tư 10/2026/TT-BKHCN |
| 8 | Grant of the patent | After paying the grant charge, registry entry and publication of the grant decision. From this point the annual maintenance fee must be tracked. | As notified in the grant decision |
Documents required
| Documents required | Required | Note |
|---|---|---|
| Patent application form | Required | |
| Description of the invention | Required | Comprising the description, the claims and drawings where applicable. |
| Abstract | Required | No more than 150 words, describing the essence of the solution. |
| Power of attorney for the IP agent | Case by case | |
| Priority document | Case by case | Required when claiming priority under the Paris Convention or a PCT application. |
| Evidence of the right to file | Case by case | Where the applicant derives the right from someone else (assignment, inheritance, employment). |
Fees and charges
| Fees and charges | VND | Legal basis | Note |
|---|---|---|---|
| Filing charge | 150.000 | Thông tư 263/2016/TT-BTC | Fully waived when filing through the VNeID app between 1 April and 31 December 2026. |
| Publication fee for the application | 120.000 | Thông tư 263/2016/TT-BTC | |
| Additional publication fee from the second figure onward | 60.000 / VND per figure | Thông tư 263/2016/TT-BTC | |
| Search fee in aid of examination | 600.000 / VND per independent claim | Thông tư 263/2016/TT-BTC | |
| Examination fee (20% formality, 80% substantive) | 900.000 / VND per independent claim | Thông tư 263/2016/TT-BTC | Usually the largest single item. An application with five independent claims costs five times one with a single claim — decide the claim count while drafting. |
| Fee for examining a priority claim | 600.000 | Thông tư 263/2016/TT-BTC | |
| Grant charge for the protection title | 120.000 | Thông tư 263/2016/TT-BTC | Fully waived when filing through the VNeID app between 1 April and 31 December 2026. |
| Registry entry fee for the grant decision | 120.000 | Thông tư 263/2016/TT-BTC | |
| Publication fee for the grant decision | 120.000 | Thông tư 263/2016/TT-BTC |
50% reduction in industrial property fees under Circular 64/2025/TT-BTC: In force from 1 July 2025 to 31 December 2026. From 1 January 2027 the rates revert to Circular 263/2016/TT-BTC unless extended. Separately, filing through the VNeID app fully waives the filing charge and the grant charge between 1 April and 31 December 2026.
Filing channels
- In person at the IP Office or a representative office
- By postal service
- Online filing; filing via the VNeID app waives the filing and grant charges until 31 December 2026
Common mistakes
- Publishing a paper, demoing the product, or a public fundraising pitch before filing can destroy novelty. File first, publish second.
- A Vietnamese patent is territorial. Protection abroad requires national filings or a PCT application within the 12-month priority window.
- Missing an annual maintenance fee lapses the patent well before the 20-year term ends. Set a calendar reminder.
- Business ideas, pure business methods and computer programs "as such" are not patentable subject matter.
Sources
- Circular 263/2016/TT-BTC — industrial property fee schedule (263/2016/TT-BTC)
- Circular 64/2025/TT-BTC — 50% reduction in industrial property fees (64/2025/TT-BTC)
- Decree 100/2026/ND-CP — accelerated examination and AI provisions (100/2026/NĐ-CP)