KEY CHANGES INTRODUCED BY THE 2025 AMENDMENT TO VIETNAM’S INTELLECTUAL PROPERTY LAW: IMPORTANT POINTS FOR APPLICANTS

(Translated and edited by ELITE Law Firm based on an article published on the website of the Intellectual Property Office of Vietnam)

On 10 December 2025, the National Assembly of Vietnam adopted Law No. 131/2025/QH15, amending and supplementing a number of provisions of the Law on Intellectual Property (“IP Law”). The amended Law entered into force on 1 April 2026.

The amendment represents an important step in further developing Vietnam’s intellectual property legal framework and facilitating the registration and protection of intellectual property rights.

Set out below are several key changes concerning the establishment of industrial property rights that applicants should take into account when filing and prosecuting applications in Vietnam.

1. Patents

a. Security control over inventions

Security control applies to inventions that:

• fall within the list of State secrets in technical fields affecting national defence or security;
• are created in Vietnam; and
• in respect of which the right to register belongs to either:

1. a Vietnamese citizen permanently residing in Vietnam; or
2. an organisation established under Vietnamese law.

A patent application for any such invention may be filed abroad only after permission has been granted by the Ministry of National Defence or the Ministry of Public Security.

Legal basis: Article 89a.1 of the IP Law.

b. The inventor must be a human being

The provisions excluding patent protection where the inventor is not a human being have been revised and clarified.

Accordingly, a patent application may be considered invalid, refused the grant of a patent or, where a patent has already been granted, the patent may be invalidated if there are grounds for concluding that the inventor is not a human being.

Legal basis: Article 96.1(d), Article 109.2(c1) and Article 117.1(e) of the IP Law.

c. Shorter time limits for patent prosecution

The statutory time limits applicable to patent prosecution have been significantly shortened.

1. Substantive examination

Substantive examination must be completed:

• within 12 months from the publication date of the application, where the request for substantive examination was filed before publication; or
• within 12 months from the date on which the request for substantive examination is received, where the request was filed after publication.

This time limit applies to patent applications published on or after 1 April 2026.

Legal basis: Article 119.2(a) of the IP Law.

2. Opposition period

A third-party opposition may be filed:

• within six months from the publication date of the patent application; or
• within three months from the publication date where the application is subject to accelerated substantive examination.

These opposition periods apply to patent applications published on or after 1 April 2026.

Legal basis: Article 112a.1(a) of the IP Law.

3. Accelerated substantive examination

In certain circumstances prescribed in Article 14a.1 of Decree No. 100/2026/NĐ-CP, an applicant may request accelerated substantive examination of a patent application. The examination must be completed within three months from the publication date of the application.

Where early publication is requested, the application must be published within one month from the later of:

• the date on which the request for early publication is filed; or
• the date on which the application is deemed valid.

Legal basis: Article 110.2 of the IP Law.

d. Earlier deadline for requesting substantive examination

Applicants should note that the deadline for filing a request for substantive examination has been reduced from 42 months to 36 months from:

• the filing date; or
• the priority date, where priority is claimed.

This new deadline applies to patent applications filed with the Intellectual Property Office of Vietnam on or after 1 April 2026.

Legal basis: Article 113 of the IP Law.

2. Trademarks

a. Signs indicating Vietnam as the country of geographical origin

Applicants seeking registration of certification marks or collective marks containing signs relating to national geographical origin should note that, from 1 April 2026, a sign indicating Vietnam as the country of geographical origin of goods or services will be considered non-distinctive, unless:

1. the sign had been used and widely recognised as a trademark before the filing date; or
2. the sign forms part of an otherwise distinctive sign filed for registration as a collective mark or certification mark.

Legal basis: Article 74.2(đ1) of the IP Law.

b. Shorter time limits for trademark prosecution

The following shortened time limits apply to trademark applications published on or after 1 April 2026.

1. Substantive examination

Substantive examination must be completed within five months from the publication date of the trademark application.

Legal basis: Article 119.2(b) of the IP Law.

2. Opposition period

A third-party opposition must be filed within three months from the publication date of the trademark application.

Legal basis: Article 112a.1(b) of the IP Law.

3. Publication

A trademark application must be published within one month from the date on which the application is deemed valid.

Legal basis: Article 110.3 of the IP Law.

c. Accelerated substantive examination

In certain circumstances prescribed in Article 14a.2 of Decree No. 100/2026/NĐ-CP, an applicant may request accelerated substantive examination of a trademark application.

The accelerated examination must be completed within three months from the publication date of the application.

3. Industrial Designs

a. Expansion of protectable subject matter

The industrial design protection regime has undergone several significant changes.

Most notably, the scope of protectable subject matter has been expanded to include:

• the design of an inseparable part of a product, commonly referred to as a partial design; and
• the design of a non-physical product.

Legal basis: Article 4.13 of the IP Law.

b. Broader exceptions to the novelty requirement

Under Law No. 131/2025/QH15, applicants benefit from broader exceptions to the novelty requirement.

In particular, the following disclosures will not prejudice the novelty of an industrial design:

1. Disclosure by the person entitled to file

Public disclosure made by:

• the person entitled to file the industrial design application; or
• a person who obtained information concerning the industrial design, directly or indirectly, from the person entitled to file.

Legal basis: Article 65.4 of the IP Law.

2. Unlawful or unauthorised publication

Disclosure of an industrial design in an industrial property application or protection title published by the competent State authority will not prejudice novelty where:

• the publication was made contrary to law; or
• the application was filed by a person who was not entitled to file it.

Legal basis: Article 65.5 of the IP Law.

c. The designer must be a human being

The provisions excluding industrial design protection where the designer is not a human being have also been revised and clarified.

Accordingly, an industrial design application may be considered invalid, refused the grant of a protection title or, where a protection title has already been granted, the protection title may be invalidated if there are grounds for concluding that the designer is not a human being.

Legal basis: Article 96.1(d), Article 109.2(c1) and Article 117.1(e) of the IP Law.

d. Shorter time limits for industrial design prosecution

The following shortened time limits apply to industrial design applications published on or after 1 April 2026.

1. Substantive examination

Substantive examination must be completed within five months from the publication date of the industrial design application.

Legal basis: Article 119.2(b) of the IP Law.

2. Opposition period

A third-party opposition must be filed within three months from the publication date of the industrial design application.

Legal basis: Article 112a.1(b) of the IP Law.

3. Publication

An industrial design application must be published within one month from the date on which the application is deemed valid.

Legal basis: Article 110.3 of the IP Law.

4. Geographical Indications

The time limits for processing geographical indication applications have also been shortened.

a. Substantive examination

Substantive examination must be completed within five months from the publication date of the application.

This time limit applies to geographical indication applications published on or after 1 April 2026.

Legal basis: Article 119.2(b) of the IP Law.

b. Publication

A geographical indication application must be published within one month from the date on which the application is deemed valid.

Legal basis: Article 110.3 of the IP Law.

5. Powers of Attorney for Industrial Property and Complaint Procedures

For industrial property procedures and complaint procedures carried out on or after 1 April 2026, where the relevant application or request is filed through a lawful representative in accordance with Articles 89 and 119a of the IP Law, applicants should note the following requirements concerning powers of attorney.

a. Term of a power of attorney

Where a power of attorney does not specify its term (time limit), the term will be determined in accordance with the Civil Code (namely 12 months from the signing date).

Under the applicable provisions of the Civil Code, where the parties have not agreed on the term and the law does not otherwise provide for it, the authorisation will generally remain effective for one year from the date on which it is established.

b. Unilateral termination

Where either the principal or the authorised representative unilaterally terminates the authorisation, a written declaration of termination must be made.

Detailed guidance on authorisation in industrial property procedures is provided in Article 8 of Circular No. 10/2026/TT-BKHCN.

6. Results of Formality Examination

From 1 April 2026, following completion of the formality examination:

• The Intellectual Property Office of Vietnam will issue a refusal decision in respect of an application that fails to satisfy the formality requirements; and
• An application that satisfies the formality requirements will proceed directly to publication.

The Intellectual Property Office of Vietnam will therefore no longer issue a separate decision accepting an application as formally valid, as was previously the practice.

A list of applications proceeding to publication, including the date on which each application is transferred for publication, will be made publicly available on the website of the Intellectual Property Office of Vietnam.

Practical Implications for Businesses

For businesses, the amended IP Law is expected to facilitate faster registration procedures, provide a more effective framework for the protection of intellectual property rights and support the commercial exploitation of intellectual property assets.

At the same time, the new rules require applicants to:

• file applications at an earlier stage;
• prepare filing documents more carefully; and
• clearly demonstrate a substantive human creative contribution where artificial intelligence has been used in the creation or development process.

ELITE Law Firm assists businesses with the registration, protection and enforcement of trademarks, patents, industrial designs and copyright in Vietnam and other jurisdictions.

We also advise clients on the commercialisation and effective exploitation of intellectual property assets, helping them strengthen their competitive position, enhance enterprise value and achieve sustainable business growth in an increasingly competitive global market.

Businesses seeking to protect their intellectual property, strengthen their competitive advantage and increase enterprise value are welcome to contact us.

We helps clients securely protect their intellectual property rights and promptly resolve intellectual property disputes, enabling sustainable business operations and successful growth.

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