On December 10, 2025, the National Assembly passed Law No. 131/2025/QH15 amending and supplementing a number of articles of the Law on Intellectual Property — officially taking effect from April 1, 2026. The Law introduces substantial reforms: shorter processing timelines, expanded scope of protection, and improved administrative mechanisms in the field of industrial property. Below are the key changes that applicants need to be aware of.
1
Patents
New Regulation
Security clearance required before filing patents abroad
Under Article 89a, Clause 1, patents classified as state secrets in technical fields affecting national defense or security — created in Vietnam and owned by Vietnamese citizens habitually residing in Vietnam or organizations established under Vietnamese law — may only be filed for registration abroad after obtaining permission from the Ministry of National Defence or the Ministry of Public Security.
Note: Violations of security clearance requirements may result in serious legal consequences. The nature of the invention must be clearly determined before preparing an international filing.
Exclusion from Protection
AI-generated inventions are not protectable
The Law refines the prohibition on protecting AI-generated inventions. Where there are grounds to confirm that the inventor is not a human being, the application will be handled in one of three ways:
- Deemed invalid (Article 96, Clause 1, Point d)
- Refused grant of a protection title (Article 109, Clause 2, Point c1)
- A granted protection title may be invalidated (Article 117, Clause 1, Point e)
Commentary: The law does not prohibit using AI as a tool, but the inventor must be the person who performs the core creative act. Those using AI should retain documentation demonstrating the human creative contribution to the invention.
Procedural Timelines
Key deadlines in patent application processing
| Procedure | Deadline | Applicable from |
|---|---|---|
| Early publication (upon request) | 1 month from the date of request or date the application is deemed valid, whichever is later Article 110, Clause 2 | April 1, 2026 |
| Substantive examination (standard) | 12 months from the date of publication (if request filed before publication) or from the date the request is received (if filed after publication) Article 119, Clause 2, Point a | Applications published from April 1, 2026 |
| Substantive examination (expedited) NEW | 3 months from the date of publication Article 14a, Clause 1, Decree 100/2026 | Applications published from April 1, 2026 |
| Opposition (standard) | 6 months from the date of publication Article 112a, Clause 1, Point a | Applications published from April 1, 2026 |
| Opposition (when expedited examination applies) | 3 months from the date of publication | Applications published from April 1, 2026 |
| Filing request for substantive examination SHORTENED | 36 months (previously: 42 months) from the filing date or priority date Article 113 | Applications filed from April 1, 2026 |
Note: The shortened deadline of 36 months (down from 42 months) for filing a substantive examination request applies only to applications filed on or after April 1, 2026. Applications filed before this date remain subject to the 42-month deadline.
2
Trademarks
New Regulation
Signs indicating national geographic origin lack distinctiveness
From April 1, 2026, signs indicating the national geographic origin of Vietnam for goods or services are deemed to lack distinctiveness (Article 74, Clause 2, Point đ1), except in two cases:
- The sign has been widely used and recognized as a trademark before the filing date
- The sign is a constituent element of a distinctive sign registered as a collective mark or certification mark
Commentary: This provision aims to prevent individuals or organizations from monopolizing national geographic identifiers such as “Vietnam,” “VN,” or the map outline of Vietnam. Those wishing to use such signs should consider applying for a collective mark or certification mark instead.
Procedural Timelines
Key deadlines in trademark application processing
| Procedure | Deadline | Applicable from |
|---|---|---|
| Publication of application | 1 month from the date the application is deemed valid Article 110, Clause 3 | April 1, 2026 |
| Substantive examination | 5 months from the date of publication Article 119, Clause 2, Point b | Applications published from April 1, 2026 |
| Substantive examination (expedited) NEW | 3 months from the date of publication Article 14a, Clause 2, Decree 100/2026 | Applications published from April 1, 2026 |
| Opposition | 3 months from the date of publication Article 112a, Clause 1, Point b | Applications published from April 1, 2026 |
3
Industrial Designs
Significantly broader scope of protectable subject matter
Under Article 4, Clause 13, two new categories of design are added to the scope of protection:
- Partial designs — designs of an inseparable part of a product (e.g., the handle of a kettle, a watch face, the sole of a shoe…)
- Designs of non-physical products — digital interfaces, icons displayed on screens, UI/UX designs of applications…
Practical significance: Technology and digital design companies now have a clear legal basis for the first time to register protection for digital interfaces and icons — a significant step forward in the context of the digital economy.
New Regulation
Disclosures that do not destroy novelty
The Law adds new exceptions: the following disclosures do not affect the novelty of an industrial design at the time of filing:
- Disclosure made by the person entitled to register or by a person who obtained the information directly or indirectly from them (Article 65, Clause 4)
- Disclosure in an application or protection title published contrary to regulations or filed by a person not entitled to register (Article 65, Clause 5)
Exclusion from Protection
AI-generated designs are not protectable
Similar to patents, industrial designs whose author is not a human being will be handled in one of three ways: the application is deemed invalid, the grant of a protection title is refused, or a granted title may be invalidated (Article 96, Clause 1, Point d; Article 109, Clause 2, Point c1; Article 117, Clause 1, Point e).
Procedural Timelines
Key deadlines in industrial design application processing
| Procedure | Deadline | Applicable from |
|---|---|---|
| Publication of application | 1 month from the date the application is deemed valid Article 110, Clause 3 | April 1, 2026 |
| Substantive examination | 5 months from the date of publication Article 119, Clause 2, Point b | Applications published from April 1, 2026 |
| Opposition | 3 months from the date of publication Article 112a, Clause 1, Point b | Applications published from April 1, 2026 |
4
Geographical Indications
Procedural Timelines
Key deadlines in geographical indication application processing
| Procedure | Deadline | Applicable from |
|---|---|---|
| Publication of application | 1 month from the date the application is deemed valid Article 110, Clause 3 | April 1, 2026 |
| Substantive examination | 5 months from the date of publication Article 119, Clause 2, Point b | Applications published from April 1, 2026 |
Note: Unlike trademarks and industrial designs, geographical indication registration procedures do not yet benefit from expedited substantive examination under Law 131/2025/QH15.
5
Powers of Attorney in Industrial Property and Appeal Procedures
Procedure
Two key changes regarding powers of attorney (effective April 1, 2026)
Applicable to procedures filed through a legal representative under Articles 89 and 119a of the IP Law:
- A power of attorney with no specified term → the term is determined in accordance with the Civil Code
- Where either party unilaterally terminates the power of attorney → a written declaration of termination is required
For detailed guidance, refer to Article 8 of Circular No. 10/2026/TT-BKHCN.
6
Changes to Formal Examination Outcomes
New Process
Acceptance decision step eliminated
From April 1, 2026, the post-formal-examination process is streamlined as follows:
- Invalid applications: the IP Office issues a refusal decision
- Valid applications: forwarded directly for publication — no acceptance decision is issued
- A list of applications forwarded for publication (with specific dates) will be publicly available on the IP Office’s electronic portal
Commentary: This change removes an unnecessary intermediate administrative step. Applicants should proactively monitor the IP Office’s electronic portal to track the publication date of their applications, rather than waiting for an acceptance decision as before.
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