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Vietnam has taken another significant step in modernising its IP framework with the latest amendments to its Law on Intellectual Property. These updates streamline procedures, tighten inventorship requirements, and introduce new rules to address emerging technologies such as Artificial Intelligence.
The National Assembly of Vietnam recently passed an Amendment to its Law on Intellectual Property. The Amendment has been published in January 2026 and will enter into force on 1 April 2026.
For businesses operating in or entering the Vietnamese market, the changes bring both added clarity and new compliance considerations. Below, we summarise the key reforms for patents and industrial designs in particular and explain what they mean for rights holders seeking strong, reliable protection for their innovations.
Broader authority given to Minister
A common theme in the Amendment is the removal of detailed provisions and transfer of authority to the Minister of Science and Technology to issue regulations.
This shift is considered practical and is particularly noticeable in procedural aspects of the Law.
Shortened time limits
A number of provisions have been amended to speed up the application process. In particular:
- For a patent application, the time limit to request substantive examination has been reduced from 42 months from the earliest priority date to 36 months. The duration of substantive examination has been reduced from 18 months to 12 months, or to 3 months if the application is under accelerated examination (e.g. PPH or ASPEC).
- For an industrial design, trademark or geographical indication, the duration of substantive examination has been standardised to 5 months.
- For a patent application, the time limit to file a notice of opposition has been reduced from 9 months from the date of publication to 6 months, or to 3 months if the application is under accelerated examination (e.g. PPH or ASPEC).
- For an industrial design, trademark or geographical indication application, the time limit to file a notice of opposition has been standardised to 3 months.
- PCT national phase applications are to be published within 1 month of formality acceptance, instead of 2 months.
- Industrial design, trademark and geographical indication applications are to be published within 1 month of being deemed valid, instead of 2 months.
- The time limit for publication of decisions on the grant, termination, revocation or amendment of certificates is reduced from 60 days to 30 days.
Broader scope for industrial design
The definition of an industrial design has been amended to simplify a partial design by removing the requirement of it being assembled into a complex product and to include a non-physical product.
Accordingly, the provision defining use of an industrial design has been updated to include manufacture of a part of the product and distribution of a digital copy of the non-physical product or a part thereof.
Further, a 6-month novelty grace period has now been provided for filing industrial design applications.
Greater emphasis on inventorship
If a named inventor does not meet the legal definition of an "inventor", this is now grounds for full invalidation of a granted patent or industrial design, and a ground for rejection during examination for pending applications.
An inventor must be a human who directly creates the subject matter, meaning Artificial Intelligence systems cannot be listed as inventors.
The Amendment also gives the government authority to issue regulations governing how industrial property rights can be established for subject matter created using AI systems.
Revised security control of inventions
Inventions which are subject to security control have been further limited to those classified as state secrets.
In other words, only inventions on the list of state secrets in the technical domains affecting national defence and security, created in Vietnam and belonging to individuals who are Vietnamese citizens and permanently residing in Vietnam, or to entities established under Vietnamese law, require permission by the Ministry of National Defense or the Ministry of Public Security before filing a patent application abroad.
More flexibility in monetisation
The Amendment explicitly recognises that intellectual property can be recorded as an asset and can be used for civil, commercial or investment activities, or for capital contribution or collateral for loans.
In this regard, the state also encourages and promotes innovation activities, and development and exploitation of intellectual property rights, as well as supporting formation of a comprehensive ecosystem including intermediary organisations.
The 2025 Amendment to Vietnam's IP Law marks a significant shift toward modernising the patent and design framework, particularly as it intersects with emerging technologies such as Artificial Intelligence.
How we can help
Staying compliant with Vietnam's updated patent filing requirements is essential to protect your intellectual property rights.
For more detailed guidance or assistance, reach out to Le Hong Minh or your Spruson & Ferguson contact.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
