VietnamFollowing the relaxation of security control requirements for patents under the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (the IP Law), the 2025 Law Amending and Supplementing a Number of Articles of the IP Law, effective from 1 April 2026, further relaxes the security control requirements for patents, specifically by no longer requiring an applicant to file the first domestic patent application before being permitted to file a corresponding patent application abroad. Instead of filing the first domestic patent application, where an invention/utility solution is subject to security control, the applicant now only needs to file a request for license to file a patent application abroad (foreign filing license) with the Ministry of National Defense or the Ministry of Public Security. In addition, the scope of inventions/utility solutions subject to foreign filing license has been narrowed, now applying only to inventions/utility solutions falling under the list of state secrets.
These amendments, in particular the removal of the requirement to file the first domestic patent application before filing a patent application abroad, represent significant progress, reducing the time, effort and cost for rights holders whose inventions/utility solutions are subject to security control but who have no need to file a patent application in Vietnam. Set out below is a summary of certain amendments relating to this requirement.