What is called a Patent according to the Law in Cambodia?
According to the Article 3, “Patent” is a certificate/title granted to protect an invention from any kind of exploitation by other parties. An invention can be related to, a product or a process. A patent application is a certificate provided to prevent any business from other party.
What are patentable invention in Cambodia?
According to the Article 4, any invention is patentable if it is new; involves an inventive step; and is industrially applicable.
As per Article 4, the following inventions are not patentable:
- Mathematical method and Scientific theories
- Methods, rules and strategy of doing business or methods for playing games.
- Any diagnostic method, or method of treatment of any disease on human or animal body
- Pharmaceutical drugs (Article 136)
- Plants , animals and microorganisms and different plant varieties
Patent Application in Cambodia
How to prepare a patent application in Cambodia?
The clauses related to patent application is mentioned in Article 16- Article 22 of the Law. The patent application is filed at the ministry in charge of the industry who are authorised for filing patent applications. The patent application should be prepared in Khmer for filing in the Cambodian jurisdiction. The patent application includes a request form, a description of invention, claims, drawings illustrating the invention and an abstract. The application filing also includes a prescribed filing fees as referred in Article 130 of the law. Article 17 relates to the formal request required for the grant of a patent that requires the name, address and other data of the applicant, the inventor and the patent agent, and also title of the invention. In case the applicant is not the true inventor, a statement providing the Prof of right of the applicant can be attached with the request.
In the process of grant of application, the application can be divided into two or more applications (“divisional applications”), in such way that each divisional application shall not be out of the scope of invention of initial application. Each divisional application has a separate filing date with the priority date of the initial application.
How to file a patent application in Cambodia?
At the time of receipt of application, the application should directly indicate the granting of a patent is desired. Secondly, the identity of the applicant needs to be established. If the Registrar finds out that the application is not complete, at the time of receipt then the applicant is requested to fulfil all the missing formal requirements.
Patent application can be filed with the Department of Industrial Property of the Ministry of Industry.
The applicant can claim the priority of the application as per the Paris Convention, or one or earlier national regional or international applications filed.
The applicant also requires to submit the original Power of Attorney that account for the applicant’s right and certified copy of priority document.
Patent Prosecution in Cambodia
What is the process of Patent Examination in Cambodia?A request of examination of patent application should be filed along with the application. After the filing of application and its receipt by the Patent Office the Registrar examines whether the application meets the requirements of Article 16 and 17 of the Law of Patents. Further, in case of International application, PCT filing, the Registrar examines whether requirements of Article 3, 4 to 9, Articles 18 to 20 and Article 23 to 26 is fulfilled of this Law. During the process of examination, the registrar considers the results of any International search report or preliminary examination report filed under the PCT.
Patent Grant and Maintenance in Cambodia
What is the time for submitting maintenance fees after grant of patent in Cambodia?
Once the Patent is granted, the grant fee is to be paid within one month of the issue of grant date.
Further, for maintenance of a granted patent, the annual fees is paid every year starting from second year of the grant date. If the applicant wants an extention for payment of annual fees, he/she can get an extension of 6 months from the due date with additional surcharge.
What is the Validity of Patent in Cambodia?
According to the Law of Patents, Chinese invention Patents excluding the utility models and design patents are validated enforced from January 22, 2003 and are granted.
According the recent Law, European patents are also validated in Cambodia with effect from March 1, 2018.
The duration of Validation of patent is 20 years from the date of filing of corresponding Chinese application.