Changes to Vietnam's Patent Law: A New Era for Innovation and IP Protection

Vietnam is set to implement significant reforms to its patent system following the amendments to the Law on Intellectual Property, which takes effect on 1 April 2026. The new legislation is designed to modernize patent administration, improve examination efficiency, strengthen professional standards for intellectual property practitioners, and further align Vietnam's IP framework with international best practices.

One of the most notable changes is the reduction of the substantive examination period for patent applications from 18 months to 12 months. In addition, accelerated examination procedures will be available for eligible applications. These measures are expected to provide applicants with faster access to patent protection, greater legal certainty, and improved opportunities for commercializing innovative technologies.

Another significant development is the clear distinction between patent agents and trademark agents. Patent agents will be responsible for inventions, industrial designs, and integrated circuit layout designs, while trademark agents will handle trademarks, geographical indications, trade names, trade secrets, and unfair competition matters. The separation ensures that patent-related work is carried out by professionals with appropriate technical expertise.

To further enhance the quality of patent practice, the amended law introduces stricter qualification requirements for patent agents. In addition to completing professional training and passing the highly demanding IP agent examination, patent agents must now hold a bachelor's degree in natural sciences or engineering, ensuring they possess the technical background necessary to handle complex patent matters.

The amendments also address the growing role of artificial intelligence (AI) in innovation. While only human individuals may be recognized as inventors, AI-assisted inventions remain eligible for patent protection provided that a meaningful human contribution can be demonstrated. This clarification establishes a more predictable legal framework for AI-driven innovation.

Furthermore, the new law relaxes previous restrictions requiring inventions created in Vietnam to be filed domestically before seeking protection abroad. This change offers applicants greater flexibility in developing international filing strategies and facilitates cross-border research and development collaborations.

Finally, the grounds for patent invalidation have been expanded, including cases where inventorship is incorrectly identified or where the statutory requirements for human inventorship are not satisfied. These provisions aim to enhance the integrity and transparency of Vietnam's patent system.

Overall, the 2026 amendments represent a major step toward a faster, more efficient, and internationally harmonized patent regime. By streamlining procedures, strengthening professional standards, and accommodating emerging technologies, Vietnam is reinforcing its commitment to fostering innovation, attracting investment, and supporting long-term economic growth.