# Filing a patent or utility solution application Source: https://luatbanquyen.com/en/procedures/register-a-patent · Updated: 2026-08-17 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 Missing it means the application is deemed withdrawn.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 [https://ipvietnam.gov.vn/](https://ipvietnam.gov.vn/) ## 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](https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=188038) (263/2016/TT-BTC) - [Circular 64/2025/TT-BTC — 50% reduction in industrial property fees](https://xaydungchinhsach.chinhphu.vn/toan-van-thong-tu-64-2025-tt-btc-quy-dinh-muc-thu-mien-mot-so-khoan-phi-le-phi-11925070116332603.htm) (64/2025/TT-BTC) - [Decree 100/2026/ND-CP — accelerated examination and AI provisions](https://luatvietnam.vn/cong-nghiep/nghi-dinh-100-2026-nd-cp-sua-doi-nghi-dinh-65-2023-ve-so-huu-tri-tue-430772-d1.html) (100/2026/NĐ-CP) --- Reference material only; it does not replace legal advice on a specific matter.