A granted patent feels like the finish line. In Vietnam, it is closer to the starting point. To keep protection alive, the owner must handle patent annuity fees in Vietnam every year, long after examination and grant are over. This applies even when the application began under the Patent Cooperation Treaty (PCT).
The Intellectual Property Office of Vietnam (IP Vietnam) handles this process. It requires a maintenance request plus the official payments. Sending money to a service provider does not, on its own, prove the work is done.
Miss this step and the rights can end, taking license deals with them. Here are seven checks to keep your patent in force.
The Short Answer
Invention patents and utility solution patents need yearly maintenance after grant. The request and payments are due before the current annual period ends.
A late filing is allowed for up to six months, with a charge for each late month. After that, protection ends from the start of the first unpaid year. Annual payments never extend a patent beyond its maximum term.
7 Checks to Keep Your Patent Alive
Patent Annuity Fees in Vietnam: 7 Checks to Keep a Patent in Force1. Each Vietnamese Patent Needs Its Own Payment
Paying fees for the same invention in another country does not cover Vietnam, even if both came from one PCT application. The first year’s fees are part of grant. Later payments keep the patent alive year by year.
2. Count From the Grant Date, Not the Invoice
Annual periods run from the grant date. The day an invoice arrives does not set your legal deadline.
Keep this separate from final expiry. An invention patent lasts up to 20 years from filing, or from the international filing date for PCT cases. A utility solution patent lasts up to 10 years. A slow examination means less remaining time.
3. Understand How the Fee Is Calculated
The official amount covers the maintenance charge, the use fee, and fees for examining, recording and publishing the result. It depends on the number of independent claims, meaning claims that stand on their own, not the total claim count.
The use fee rises in later years, so last year’s invoice is not a reliable guide. Ask your provider to show official fees separately from professional fees.
4. File a Valid Request, Not Just a Transfer
The request must correctly identify the patent and owner. A wrong applicant, invalid authorization or short payment can make it deficient. IP Vietnam may issue a deficiency notice, and an unresolved problem can lead to refusal.
5. Treat the Late Window as a Safety Net
The six month grace period requires a proper request and late charges. Once it ends, a lapsed patent generally cannot be restored just by paying. Lapse can also end a license agreement that depends on the patent.
6. Confirm Who Can Act for You
Foreign owners without a business establishment in Vietnam must use an authorized local IP representative. A power of attorney given to your old filing firm does not automatically cover a new one. Changing representatives is also different from changing ownership, which must be registered with IP Vietnam.
7. Keep the Right Proof
A bank transfer shows money was sent. A filing receipt shows a request was received. Only the official maintenance notice confirms the patent was maintained for a specific year.
Even then, maintenance does not protect against invalidation, settle ownership disputes, or cover your trademarks.
Patent maintenance in Vietnam is a legal procedure, not a payment task. Track the grant date, check the fee basis, and always ask for official confirmation.
Learn more: Patent Annuity Fees in Vietnam: 7 Checks to Keep a Patent in Force
