The laws relating to patents are regulated by the concept of “first to file” in Vietnam. The country distinguishes between patents and utility solution patents:
A patentee has the right to request the competent authorities to enforce his rights to patent against any infringement in compliance with the provisions of the IP Act and other applicable laws and regulations by means of administrative and civil action (articles 198 and 199) as provided by the Intellectual Property of Vietnam (the IP Law 2005, amended in 2009 and 2019). Any organization or individual supplying funds and material facilities to an inventor as part of a job assignment or hire assignment has the right to register the inventor’s invention. If an inventor has produced an invention directly for his own profit, he or she can register the invention.
The NOIP (National Office of Intellectual Property of Vietnam) is responsible for receiving and examining the patent application and for granting patents. Any matter, product, or method which by the application of natural law, addresses a specific technological problem is patentable which is outlines under Section 59 with exceptions such as: