How to maintain patent in Cambodia?

29/10/2020 - 1608 views

1. Cambodia Patent validity term and maintenance

 

A patent in Cambodia for invention become effective from the granting date to the end of 20 years commencing from the filing date (subject to annuity payment), without any extension.

A term for a patent for utility model in Cambodia is 07 years counted from the filing date.

In order to maintain the validity of patent application/patent in Cambodia, the holder shall pay annuity fee started the second filing year. The payment of the annuity may be delayed for no more than six months after the expiration of the current validity term but the holder shall pay the maintenance fee plus 2% for each month of delayed payment.

 

                                 How to maintain patent in Cambodia

 

2. Required documents for maintenance of patent in Cambodia

 

Under IP Law, the bellow documents are required to maintain a patent application/patent in Cambodia:

2.1. Request for maintenance of patent application/patent in Cambodia;

2.2. Original notarized Power of attorney (if the application is filed through a representative);

2.3. Receipt of official fees;

2.4. Other documents (if any).

 

3. Fees for maintenance of patent in Cambodia

 

In order to maintain the validity of patent application/ patent in Cambodia, the following breakdowns of annuity are applied:

3.1. Fee for maintenance of patent application/ patent in Cambodia: depending on the number of Patent application/patent

3.2. Late annuity payment (if any) is 2% for each month of late payment

 

4. Time frame and procedure for maintenance of patent in Cambodia

 

There is a grace period for no more than six months after the expiration of the current validity term to pay annuity but the holder shall pay the maintenance fee plus 2% for each month of delayed payment as described in the Item of Fees above.

The annuity is calculated from the filing date and the DIP shall issue a notification for due annual maintenance fees payment for patent application/patent in Cambodia from the second filing year. The holder shall pay the annual maintenance fees after receiving the Notification.

The DIP shall consider an application for maintenance of patent application/patent in Cambodia within 2-6 months from the date of receipt of the maintenance request and the fees. If the application has no shortcoming, the DIP shall issue a Letter of acknowledgement of annual maintenance.

 

Should you need more information or further advice on patent in Cambodia, Vietnam, Laos, and Myanmar, please do not hesitate to contact us via email at info@ageless.vn