Vietnam IP Law Amendments – Key Dates & Highlights (Effective 1 April 2026)

Publication date: January 2026
Effective date: 1 April 2026
Jurisdiction: Vietnam
Practice areas: Patents, Trademarks, Industrial Designs, Geographical Indications

Overview

Vietnam will implement important procedural amendments to its Intellectual Property Law effective 1 April 2026. The amendments mainly shorten statutory deadlines and introduce target timelines for examination, requiring rights holders to monitor portfolios more closely and act earlier.

Key Changes

1. Opposition Deadlines (From Publication)

Opposition periods after publication will be shortened as follows:

· Standard patent applications: 6 months

· Accelerated patent applications: 3 months

· Industrial designs: 3 months

· Trademarks: 3 months

Impact: Rights holders must identify and assess published applications sooner to avoid missing opposition opportunities.

2. Substantive Examination Request for Patents

· The deadline to request substantive examination is reduced to 36 months from:

o the priority date, or

o the filing date (if no priority is claimed).

This applies to:

· National applications

· Divisional applications

· PCT applications entering the Vietnam national phase

Impact: Late requests may result in the application being deemed withdrawn.

3. Examination Completion Targets

The IP Office has announced indicative timelines:

· Patents: within 12 months from publication or examination request (whichever is later)

· Trademarks, industrial designs, GIs: within 5 months

· Accelerated patent examination: within 3 months

Applicability & Transitional Rules

· In principle, the amendments apply to applications filed or published on or after 1 April 2026.

· However, applications published on or after 1 April 2026 may be subject to the new opposition and examination timelines, even if they were filed earlier.

Key takeaway: The publication date becomes a critical trigger for several deadlines.

Practical Implications

· Shorter deadlines increase the risk of missed actions.

· Earlier portfolio monitoring and faster internal decision-making are required.

· Accelerated examination may be useful for enforcement, licensing, or investment-related timelines.

Recommended Actions

· Review all Vietnam IP filings with publication expected on or after 1 April 2026.

· Update docketing systems to reflect shortened deadlines.

· File patent examination requests well before the new 36-month limit.

· Strengthen competitor monitoring to identify risky publications early.

· Consider accelerated examination where timing is critical.

Disclaimer

This update is provided for general information only and does not constitute legal advice. Specific advice should be obtained for individual cases.