IP/Legal Practice in Vietnam

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:

  • The protection of Invention patents is for a maximum period of 20 years;
  • The utility patents get protection for a maximum period of 10 years; and
  • Maximum protection given to Industrial designs is on 5 years which can be further renewed for two consecutive periods of five years).

VietnamA 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:

  • scientific discoveries or theories and mathematical methods;
  • Methods for performing mental actions, training of domestic animals, playing games, and doing business;
  • computer programs;
  • presentations of information;
  • solutions of an aesthetic nature only;
  • plant varieties and animal breeds;
  • Plant or animal manufacturing processes that are mainly biological but not microbiological; and
  • human and animal disease prevention methods, diagnostic and treatment methods.