Changes in Vietnamese Patent Law

Viet Nam has recently introduced significant reforms to its intellectual property (IP) system through amendments to the Law on Intellectual Property. These changes aim to modernise the legal framework, improve the efficiency of patent procedures and strengthen the professional standards of intellectual property services. Two important developments include the amendments affecting the requirements for IP agents and the broader reforms introduced by the 2025 amended IP law, which will enter into force on 1 April 2026. Together, these reforms demonstrate Viet Nam’s effort to harmonise its patent system with international standards and to support innovation and technological development. 

Faster patent examination

The 2025 amendments reduce the substantive examination period for patents from 18 months to 12 months, with accelerated options available for certain cases. 

Key points:

• Shorter timelines for patent examination

• Accelerated examination available for faster protection

• Provide more certainty for the applicants 

Reform of IP representation services

The amended law simplifies requirements for organisations providing IP representation services. Previously, such organisations had to explicitly list IP representation in their business registration. Under the new law, this will be no longer necessary, and organisations only need one certified IP practitioner to operate, making it easier for law firms and other organisations to provide patent and trademark services. 

Distinction between patent and trademark agents

The law now clearly separates IP agents into two categories:

• Patent agents handle inventions, industrial designs and integrated circuit layouts.

• Trademark agents handle trademarks, geographical indications, trade names, trade secrets and unfair competition.

This measure ensures that patent related work is managed by professionals with the necessary technical expertise, while clearly defining the scope of practice for different types of IP agents. 

Stricter qualification requirements for patent agents

To ensure technical competence, patent agents must now hold a bachelor’s degree in natural sciences or engineering, in addition to meeting requirements such as Vietnamese residency, professional training and passing the IP agent examination. The exam is historically very challenging, limiting the number of qualified practitioners. 

Inventorship and AI-assisted inventions

The law clarifies that only human individuals can be recognised as inventors. While AI systems cannot be listed as inventors, inventions developed with AI assistance may still be patentable if there is demonstrable human contribution. This strengthens emerging technologies in the patent system, enabling AI to gain momentum under a clear legal framework.

First filing and international flexibility

The amended law relaxes previous requirements that inventions created in Viet Nam must be filed domestically before filing abroad, providing greater flexibility for international patent strategies. This change also supports international co-operation in research and development, enabling organisations and inventors to collaborate more effectively across borders while pursuing global IP protection. 

Expanded grounds for patent invalidation

The law expands grounds for invalidation, including cases where the inventor is not correctly listed or does not meet human inventorship requirements, thereby strengthen the integrity of the patent system. 

Overall, the reforms streamline patent procedures, strengthen professional standards for IP agents, and encourage innovation and international collaboration. Together, these changes align Viet Nam’s patent system more closely with global IP standards and reinforce the country’s innovation-driven economic strategy.

Keywords: Patent information, Vietnam, amended Vietnamese patent law, harmonising of patent laws