Legal risk analysis regarding the shortening of procedures under the amended Intellectual Property Law 2026

I. Purpose and Scope of analysis

This document is prepared as an independent, objective and legally cautionary analysis of the risks arising from the shortening of procedures for the establishment of industrial property rights under the Amended Intellectual Property Law of Vietnam 2026 (effective from April 1, 2026).

The analysis focuses on systemic risks, legal risks, and strategic risks affecting applicants, enterprises, investors, and other relevant stakeholders.

II. Risk of examination overload and inconsistent quality

1. Nature of the risk

The Amended IP Law 2026 introduces mandatory statutory time limits for several key stages, particularly substantive examination of patent applications. However, shortening procedural timelines does not reduce the volume or technical complexity of applications.

Given the continuous increase in patent filings and the limited short-term capacity to proportionally expand examination resources, the risk of overload is evident.

2. Legal and practical consequences

- Inconsistent examination quality across different technical fields;
- Increased issuance of defensive rejections;
- Greater reliance on examination outcomes from foreign patent offices.

3. Implications for applicants

Shorter procedures do not imply relaxed patentability standards. On the contrary, higher requirements are imposed on the quality of specifications and claim drafting from the outset.

III. Risk of dispute shifting to the post-grant stage

1. Nature of the risk

Stricter time limits on opposition and third-party observations reduce the opportunity for third parties to intervene during the pre-grant phase.

2. Consequences

- Increase in invalidation actions after grant;
- Increase in patent infringement disputes;
- Growth in administrative and civil litigation.

3. Market impact

Although rights are granted more quickly, legal certainty in the early post-grant period may be reduced.

IV. Risk of misaligned expectations regarding expedited examination

1. Nature of the risk

The formal recognition of expedited examination may create the misconception that all patent applications are eligible for rapid processing.

2. Consequences

- Unrealistic expectations among applicants;
- Disputes between clients and IP representatives;
- Complaints regarding examination timelines.

3. Advisory implications

Expedited examination is a conditional exception, not the default procedure.

V. Legal risks for state authorities

1. Nature of the risk

Once statutory deadlines are imposed, delays may constitute procedural violations under administrative law.

2. Consequences

- Increase in administrative complaints and lawsuits;
- Heightened accountability and transparency obligations;
- More conservative and risk-averse examination approaches.

VI. Strategic risks for applicants

1. Risk of early grant for immature inventions

Commercial pressure to obtain patents quickly may lead to filing and prosecution before the technical solution is fully stabilized.

2. Consequences

- Claims being locked in prematurely;
- Reduced flexibility for future strategic adjustments;
- Higher vulnerability to design-around or invalidation challenges.

VII. General conclusion

The shortening of procedures under the Amended IP Law 2026 represents a significant policy advancement. However, it simultaneously raises the bar for application preparation, legal strategy, and risk management.

In the new legal landscape, risks shift away from administrative delay and increasingly concentrate on pre-filing preparation and strategic decision-making./.