HOW LONG DOES PATENT REGISTRATION TAKE? WHAT COSTS ARE INVOLVED IN VIETNAM?

When filing a patent application in Vietnam, one of the most common questions from individuals and businesses is:

• How long patent registration takes;
• What total costs should be expected;
• Why many patent applications take several years;
• Whether there are ways to optimize the examination timeline.

In practice, patent registration is a relatively complex legal and technical procedure involving multiple examination stages at the Intellectual Property Office of Vietnam.

The actual processing time depends on many factors, including:

• The quality of the application;
• The technical field;
• The complexity of the invention;
• The number of office actions issued by the IP Office;
• The applicant’s ability to satisfy patentability requirements.

Understanding the procedures, timelines, and costs helps businesses:

• Proactively plan business activities;
• Build appropriate protection strategies;
• Minimize legal risks;
• Maximize the value of intellectual property assets.

What is a patent?

A patent is a technical solution in the form of:

• A product; or
• A process

That solves a specific problem through the application of natural laws.

Under Vietnamese Intellectual Property Law, inventions may be protected in the form of:

• An Invention Patent; or
• A Utility Solution Patent.

To be granted protection, an invention must satisfy the following conditions:

• Novelty;
• Inventive step (for inventions);
• Not being common knowledge (for utility solutions);
• Industrial applicability.

Patent registration procedure in Vietnam

Generally, a patent application goes through the following stages:

1. Patentability search

This step helps assess:

• Novelty;
• Patentability;
• Risks of refusal;
• Appropriate filing strategies.

Although not mandatory, conducting a prior search is highly recommended in practice.

2. Preparation of patent application documents

The application dossier generally includes:

• Patent application form;
• Patent specification;
• Claims;
• Abstract;
• Technical drawings (if any);
• Power of attorney;
• Priority documents (if any).

This stage significantly affects the likelihood of obtaining a patent.

3. Filing the application with the Intellectual Property Office of Vietnam

Applications may be filed:

• Directly;
• Online; or
• By post.

The filing date is extremely important because it relates to:

• Priority rights;
• Patent term;
• Establishment of patent rights.

4. Formality examination

The Intellectual Property Office will examine:

• Completeness of documents;
• Compliance with formal requirements;
• Patent classification;
• Legal information.

Formality examination timeline

Normally: approximately 01 month from the filing date.

If deficiencies are found, the applicant must amend or supplement the application.

5. Publication of the patent application

After the application is accepted as valid, it will be published in the Industrial Property Gazette.

Publication timing

Normally in the 19th month from the priority date or filing date or within 02 months from the acceptance date if early publication is requested.

6. Substantive examination

This is the most important stage.

The Intellectual Property Office will assess:

• Novelty;
• Inventive step;
• Industrial applicability;
• Scope of protection.

Timeline for substantive examination

According to Vietnamese law up to 18 months from the date of request for substantive examination or publication date.

However, in practice, many patent applications in Vietnam may take 3 – 5 years or even longer for complex technical fields.

7. Grant of patent

If the invention satisfies the protection requirements and all fees are paid, the Intellectual Property Office will:

• Grant an Invention Patent; or
• Grant a Utility Solution Patent.

How long does patent registration take?

Statutory timeline

Based on statutory timelines, the process generally takes approximately 18 – 24 months.

Actual timeline in Vietnam

In practice, the examination period is often longer due to:

• large application volumes;
• shortage of examiners;
• multiple amendments required;
• substantive examination responses;
• third-party oppositions or disputes.

Typical timelines include:

Total actual processing time: commonly ranges from 3 – 5 years.

What costs are involved in patent registration?

Patent registration costs generally include:

• Official fees;
• Service fees;
• Technical drafting fees;
• Search fees;
• Translation fees (if any);
• Maintenance fees after grant.

1. Official government fees

Official fees usually include:

• Filing fee;
• Formality examination fee;
• Publication fee;
• Search fee;
• Substantive examination fee;
• Patent grant fee;
• Registration fee;
• Annual maintenance fee.

The amount depends on:

• Number of claims;
• Number of pages;
• Technical field;
• Complexity of the invention.

2. Patent search fees

Conducting a prior search helps:

• Evaluate novelty;
• Reduce the risk of refusal;
• Optimize filing strategy.

Professional searches are commonly conducted through:

• Vietnamese patent databases;
• WIPO;
• Google Patents;
• USPTO;
• Espacenet.

3. Patent drafting fees

This is often one of the most important costs.

Drafting a patent specification and claims requires:

• Technical knowledge;
• Legal expertise;
• Practical patent prosecution experience.

A well-drafted specification helps:

• Increase the likelihood of grant;
• Optimize the scope of protection;
• Enhance the commercial value of the invention.

4. Industrial property representative service fees

If using an industrial property representative, clients may need to pay for:

• Legal consultation;
• Filing services;
• âpplication monitoring;
• Office action responses;
• Handling deficiency notices;
• Opposition or appeal procedures (if any).

5. International patent registration fees

If filing internationally through the PCT system or in multiple countries, costs may include:

• International filing fees;
• National phase fees;
• Translation fees;
• Foreign attorney fees;
• International representation fees.

Why are many patent applications delayed?

Many applications are delayed due to:

• Insufficient patent specifications;
• Overly broad claims;
• Lack of novelty;
• Lack of inventive step;
• Public disclosure before filing;
• Delayed responses to office actions;
• Legal documentation deficiencies.

Can the patent registration process be accelerated?

In certain cases, applicants may:

• Request early publication;
• Prepare high-quality application documents;
• Conduct prior searches;
• Build proper protection strategies;
• Respond promptly to office actions.

However, the examination timeline still largely depends on the authority’s examination process.

Patent validity term

Invention Patent

Valid for 20 years from the filing date.

Utility Solution Patent

Valid for 10 years from the filing date.

To maintain validity, annual maintenance fees must be paid.

Common mistakes when registering patents

Many businesses encounter difficulties because they:

• Fail to conduct prior searches;
• Incorrectly assess novelty;
• Prepare incomplete technical descriptions;
• Disclose products too early;
• Choose the wrong form of protection;
• Fail to monitor response deadlines.

Patent registration services at ADVN Law

ADVN Law provides support for:

• Patentability searches;
• Registration strategy consultation;
• Patent drafting;
• Claim drafting;
• Filing patent applications in Vietnam;
• International patent registration under the PCT system;
• Prosecution monitoring;
• Responding to office actions;
• Handling oppositions and refusals.

We support clients in various fields, including:

• Mechanical engineering;
• Electrical and electronics;
• AI and software;
• Medical devices;
• Biotechnology;
• Industrial manufacturing;
• Cosmetics and chemicals;
• Food technology.

Frequently asked questions

How long does patent registration take in Vietnam?

Typically from 3 – 5 years depending on the specific case.

Can patent registration be expedited?

Partially yes, through proper preparation and prompt responses during examination.

Are patent registration costs fixed?

No. Costs depend on the complexity of the invention and the scope of protection.

Are there fees after the patent is granted?

Yes. Annual maintenance fees must be paid to keep the patent valid.

Is it necessary to conduct a patent search before filing?

Yes. It is highly recommended to assess patentability and reduce the risk of refusal.

Contact for patent registration consultation

If you need consultation regarding patent registration in Vietnam or internationally, please contact ADVN Law for detailed assistance.

Hotlines:

• 0903.693.301
• 0903.641.946

Email: advnlaw@gmail.com
Website: advnlaw.vn