Vietnam IP Law Update 2026: Key Amendments Effective from 1 April 2026

1. Executive Summary

Vietnam will implement significant procedural amendments to its Intellectual Property Law effective 1 April 2026. The key changes include (i) shortened opposition windows for published applications, (ii) a reduced deadline for requesting substantive examination of patents, (iii) examination completion targets (including an accelerated track), and (iv) transitional provisions that may cause some pending applications to fall under the new timelines depending on publication and procedural status.

For rights holders, the practical consequence is straightforward: time buffers are smaller, and portfolio monitoring must be more proactive to avoid loss of rights or missed enforcement opportunities.

2. Why This Matters for Rights Holders

· Shorter statutory windows increase the risk of missed deadlines—especially for opposition and substantive examination requests.

· Transitional rules may apply the new timelines to applications that were filed earlier but are published on/after 1 April 2026.

· Accelerated examination may be attractive in certain scenarios (e.g., enforcement readiness, licensing, investment due diligence), but it requires disciplined timeline management.

3. Key Changes in Detail

3.1. Revised Opposition Periods (Post-Publication)

The statutory time limits for filing oppositions following publication have been revised. Parties intending to challenge a published application should plan earlier pre-opposition monitoring and evidence collection.

3.2. Shortened Deadline to Request Substantive Examination (Patents)

The deadline to request substantive examination of patent applications has been reduced to 36 months from the priority date (or from the filing date if no priority is claimed). This shortened deadline applies across:
• National filings
• Divisional applications
• PCT applications entering the Vietnamese national phase

Practical note: Applicants should revisit internal docketing rules (including safety margins) to ensure the request is filed well before the new statutory cut-off. Failure to meet the deadline may result in the application being deemed withdrawn under procedural rules.

3.3. Examination Completion Targets and Accelerated Track

The IP Office has indicated target timelines for completing examination. While these targets may be subject to operational capacity, they clearly signal a policy direction toward faster processing.

· Patents: target completion within 12 months from the later of (i) publication or (ii) receipt of the substantive examination request.

· Trademarks, industrial designs, and geographical indications: target completion within 5 months.

· Accelerated patent examination: target completion within 3 months from the later of (i) publication or (ii) receipt of the request.

4. Applicability and Transitional Provisions

As a general principle, the amendments apply to applications filed or published on or after 1 April 2026. However, transitional provisions can apply the new rules to pending applications depending on their procedural stage.

General rule:
• Applications filed before 1 April 2026 typically continue under the previous framework.

Key exceptions (where the new rules may apply):
• Formality examinations for applications not yet accepted as valid; and
• Opposition periods and substantive examination timelines for any application published on or after 1 April 2026, even if filed earlier.

Practical takeaway: Publication date becomes a decisive trigger for some procedural timelines. Docketing should therefore track both filing/priority and publication milestones.

5. Practical Scenarios

5.1. Pending Patent Applications Approaching Publication

· If publication is expected on/after 1 April 2026, plan for the new opposition window and examination timing triggers.

· Confirm whether the substantive examination request will be due under the new 36‑month rule and adjust internal reminders.

5.2. Competitor Monitoring and Opposition Strategy

· Shorter opposition windows require earlier alerting, faster translation/technical analysis, and pre-drafted grounds where possible.

· Consider building a standing watchlist by IPC/CPC classes, key applicants, and technology segments.

5.3. Transactional / Licensing / Enforcement Readiness

· If a granted right is needed quickly (e.g., for enforcement leverage or licensing milestones), evaluate whether accelerated examination is appropriate.

· Align prosecution timelines with commercial milestones and evidence preparation.

6. Recommended Action Points (Portfolio Checklist)

1. Conduct an urgent audit of all Vietnam filings (patents, trademarks, designs) and identify cases with publication expected on/after 1 April 2026.

2. Recalculate (and re-confirm) opposition and examination-related deadlines under the new framework, including internal safety margins.

3. Update docketing rules, reminders, and escalation procedures to reflect shortened timeframes (especially 3‑month windows).

4. For patents, ensure the substantive examination request is filed well before the new 36‑month cut-off.

5. Consider accelerated examination selectively (enforcement, licensing, investment, or time‑sensitive commercialization).

6. Implement or enhance market watching / competitor monitoring to identify risky publications early.

7. Assign internal ownership and response playbooks for time-critical actions (opposition, observations, amendments, evidence preparation).

7. How Pham & Associates Can Assist

Pham & Associates supports domestic and international clients with end-to-end Vietnam prosecution and portfolio risk management, including:

· Portfolio-wide deadline recalculation and compliance review

· Opposition strategy (grounds assessment, evidence, drafting, filing)

· Patent prosecution strategy under the new substantive examination timeline

· Accelerated examination assessment and filing support

· Market watching and competitor monitoring programs

· Coordination of Vietnam filings with US/EU/Asia prosecution strategies

8. Contact

For tailored advice on how these amendments affect your portfolio, please contact our IP team:

Email: hanoi@pham.com.vn
Phone: (84 24)3824 4852
Website: https://pham.com.vn/

9. Legal Disclaimer