OVERVIEW OF PATENT REGISTRATION IN CAMBODIA

Legal ground

– The law on patents, utility models, and industrial drawings, promulgated on January 22, 2003, amended;

– Royal Decree No. NS/RKM/1117/016 dated November 22, 2017.

The state management agency in charge of industrial property rights: Department of Industrial Property (DIP) of Ministry of Industry, Science, Technology & Innovation (MOIST)

Patent’s subject matter

An invention means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology.

 

Modes of protection, protection period and protection criteria

Mode	Invention Patent	Utility model
Protection period	20 years counted from the filing date	7 years counted from the filing date
Substantive examination	Yes	Yes
Protection criteria	(i) Novelty; (ii) Inventive step; and (iii) Industrially applicable	(i) Novelty (ii) Industrially applicable
Value to enforcement	The similar

 

 

The subject matters not protected as invention

1. Discoveries, scientific theories and mathematical methods;
2. Schemes, rules or methods for doing business, performing purely mental acts or playing games;
3. Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body; this provision shall not apply to products for use in any of those methods;
4. Pharmaceutical products according to TRIPS Agreement;
5. Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals;
6. Plants varieties.

 

Time limits

– Filing application claiming priority:

+ For Non-PCT application: within 12 months counted from the priority date;

+ For PCT application: within 30 months counted from the priority date, late filing within 2 months is acceptable.

– Submitting the priority document: within 03 months counted from the filing date.

– Submitting the translation of specification: within 06 months counted from the filing date.

– Grace period for novelty: 

+ 12 months counted from the filing date or priority date.

 

Filing date

– For Non-PCT application: filing date is the date filing the application with the DIP

– For PCT application: filing date is the filing date of the PCT application (not date entering national phase of Cambodia)

 

Maintenance of patent in Cambodia

– The annuity for maintenance of the patent in Cambodia is requested to be paid from the 2nd year counted from the filing date;

– Due date is based on the filing date; late payment is acceptable within 6 next months.

Example:

–  The filing date: 12/08/2020; The PCT filing date: 05/07/2018; The expired date: 05/07/2038 (20 years counted from the filing date).  The patent applicant should pay the annuity right after filing for 3^rd year (12/08/2020 to 05/07/2021); The deadline for paying the next annuity is July 05 each year until the final annuity; there is no any official Notice for such deadline, the applicant must actively control this deadline.

 

Requirements for filing patent application in Cambodia

Common Requirements	For PCT application	For Non-PCT application
Name, address and nationality of applicant and inventor	Yes	Yes
Information on Priority rights (if any)	Yes	Yes
Information on the PCT application/WIPO’s publication number	Yes	No
Original and Notarized Power of Attorney	Yes	Yes
Original and Notarized Inventorship Deed of Assignment	Yes	Yes
Certified true copy of priority document	No	Yes

 

Time Frame for prosecution of the patent application in Cambodia

Stage	Invention application/ Utility innovation application
From filing to granting	There is no specific time frame. It depends on the time that the examination result of the corresponding application has been submitted.

 

Substantive examination

– There is no regulation in relation to filing a request for substantive examination of the patent application in Cambodia;

– Using the examination result of the corresponding application in the foreign countries and the applicant actively submits the examination result of the corresponding application is highly recommended;

– Examination result of the corresponding application in the foreign countries including: (i) search report; (ii) conclusion on patentability; and (iii) a Certified true-copy of granted patent will be used to issue the examination result of the Cambodia patent application;

– There is no specific regulation for the case in which there is no examination result of the corresponding application. Almost such cases in Cambodia are pending.

 

Accelerate examination

Base

– The Cooperation for facilitating Patent Grant (CPG) program between DIP and the Japan Patent Office (JPO); the Patent Recognition Program (PRP) program between DIP and KIPO (Korea); Acceleration of patent between DIP and USPTO.

– Using the examination result of corresponding application in the foreign countries. The results from the development countries are preferred;

Advantages

The time frame of the substantive examination is shortened. In practice, it takes about 09-16 months or shorter from the request for accelerating examination is approved.

 

Re-registration China/Singapore patent in Cambodia

– Requirements:

+ The China/Singapore patent must be in force at the time of lodgement of re-registration request;

+ The China/Singapore patent must meet the Cambodia’s requirements for patentability;

+ The China/Singapore patent must have a filing date on or after 22 January 2003;

+ Only applied for patent of invention.

+ All the documents must be translated into Khmer.

– Protection period:

The Patent Term will be 20 years calculated from the filing date of the China/Singapore patent application.

– Annuity:

The applicant shall pay annuity fees in accordance with Cambodia’s annuity fee structure, based on the filing date of the China/Singapore patent. Annuity fees requested to pay from the filing year in Cambodia.

 

Validation EPO patent in Cambodia

– Requirements:

+ The EPO patents must have a filing date on or after March 01, 2018;

+ The EPO patent must meet the Cambodia’s requirements for patentability;

+ Only applied for patent of invention.

+ The Claims of EPO patent in Cambodia must be translated into Khmer.

– The procedure:

+ Before granted by the EPO, all procedure is done before the EPO: Within six (06) months after the publication of the European Search Report by the EPO, the applicant must pay a validation fee of EUR 180 to the EPO;

+ After granted by the EPO, procedure before the DIP of Cambodia is started: within three (03) months of the grant by EPO, the applicant must submit a request to validate the European patent as a Cambodian national patent with the DIP and pay granting and publication fees at the time of submitting request;

– Protection period:

The Patent Term will be 20 years calculated from the filing date of the EPO application

– Annuity:

Annual fees for a validated European patent shall be paid to the DIP for the years following the

year in which mention of the grant of the European patent was published.

 

With over 20 years of experience in the intellectual property field, Ageless IP Attorneys & Consultants is a trusted licensed IP Agent for patent registration in Cambodia. Should you have any questions, please do not hesitate to contact us via email at info@ageless.com.kh