Legal ground
– IP Law 01/NA dated 20/12/2011, amended and supplemented in 2023 (IP Law);
– Decision No. 1714 dated December 15, 2020.
The state management agency in charge of industrial property rights: Department of Intellectual Property (DIP) under the Ministry of Industry and Commerce Lao PDR.
Patent’s subject matter
An invention means the technical solution to create new product or process of production to resolve a specific problem.
Modes of protection, protection period and protection criteria:
|
Mode |
Invention Patent |
Utility innovation/Petty Patent |
|
Protection period |
20 years counted from the filing date |
10 years counted from the filing date |
|
Substantive examination |
Yes |
Yes |
|
Protection criteria |
(i) Novelty; (ii) Inventive step; and (iii) Industrially applicable |
(i) Novelty (new technical improvement which has easier inventive steps than required for a patent); (ii) Industrially applicable |
|
Value to enforcement |
Similar |
|
The subject matters not protected as invention
- The invention that discoveries of existing things, including living organisms or parts of living organisms that exist in nature;
- Merely a scientific principle or theory, a mathematical algorithm, or a set of rules for doing business or playing games;
- Diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
- Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals.
Discover the potential of your patent in Laos
Time limits
Most cases of late submission/filing are not acceptable under the Law but under practice it is random
– 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 (newly applied), 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 60 days counted from the filing date.
– Filing a request for substantive examination:
+ For invention application: 32 months counted from the filing date (newly applied);
+ For utility model/utility solution invention: 12 months counted from the filing date (newly applied).
– Grace period for novelty:
+ 06 months counted from the date that the goods were exhibited at official or officially recognized international exhibitions. In such case, the application shall be deemed to have been filed on the date on which the goods were first exhibited at such exhibition.
– Time limit for responding to the Notification of the DIP and extension time:
+ 60 days counted from the signing date of the Notice for case of substance such as the Written Opinion on substantive examination result; one extension of 60 days is acceptable.
Filing date
– For both Non-PCT and PCT application: filing date is the date filing the application with the DIP.
Maintenance of patent in Laos
– The annuity for maintenance of the patent in Laos is requested to be paid from the 5th year counted from the filing date;
– If the patent application is granted after 5 years from the filing date, the annuity fees from the 5th year up to one year after the granting date are requested to be paid at granting time.
– Due date is based on the filing date; late payment is acceptable within 6 next months.
Example 1:
– The filing date: 12/01/2020; – The granting date: 23/12/2027; The expired date: 12/01/2040 (20 years counted from the filing date). In the Notice of intention for granting and paying fees, the DIP will request to pay the annuity for the following year:
5th year (12/01/2025 to 12/01/2026);
6th year (12/01/2026 to 12/01/2027);
+ The deadline for paying the next annuity is January 12 each year until the final annuity; there is no any official Notice for such deadline, the applicant must actively control this deadline.
Example 2:
– The filing date: 12/01/2020; – The granting date: 23/12/2023; So, the expired date: 12/01/2040 (20 years counted from the filing date). In the Notice of intention for granting and paying fees, there is no any request to pay the annuity;
– The deadline for paying the next annuity is January 12, 2025 and January 12 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 Laos
|
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 |
|
Power of Attorney (only signature is required, no notarization and no legalization – newly applied) |
Yes |
Yes |
|
Inventorship Deed of Assignment (no notarization and no legalization – newly applied) |
No |
Yes |
|
Certified true copy of priority document |
No |
Yes |
Time Frame for prosecution of the patent application in Laos
|
Stage |
Invention application/ Utility innovation application |
|
Formality examination |
There is no specific time frame |
|
Publication of application |
In the 19th month from filing date |
|
Substantive examination |
There is no specific time frame |
Opposition/Observation
|
|
Opposition/Observation |
|
Time limit |
Within 90 days counted from the publication date of the patent application in Laos |
|
Procedure |
There is no specific regulation |
Substantive examination
– The request for substantive examination of the patent application in Laos must be filed within the time limit;
– Using the examination of the corresponding application in the foreign countries is preferred and it is almost absolute;
– Examination result of the corresponding application in the foreign countries including: (i) search report; (ii) conclusion on patentability; and (iii) a copy of granted patent (if any) will be used to issue the examination result of the Laos patent application ;
– In case there is no examination result of the corresponding application: it should be stated in the official letter at the time filing the request for substantive examination or later so that the DIP performs procedure of search to issue the examination result of the Laos patent application;
Accelerate examination
Base
– CPG program between DIP and KIPO (Korea); JPO (Japan); IPOPHL (Philippines);
– Using the examination result of corresponding application in the foreign countries;
– ASPECT program between DIP and IPO of ASEAN countries.
Advantages
The time frame of the substantive examination is shortened. In practice, it takes about 06-09 months or shorter from the request for accelerating examination is approved.
Re-registration of Singapore patent in Laos
– Requirements:
+ The Singapore patent must be in force at the time of lodgement of re-registration request;
+ The Singapore patent must meet the Laotian requirements for patentability;
+ The Singapore patent must have a filing date on or after 17 Jan 2002;
+ Only applied for patent of invention.
– Protection Period:
The Patent Term will be 20 years calculated from the filing date of the Singapore application.
– Annuity:
The applicant shall pay annuity fees in accordance with Lao’s annuity fee structure, based on the filing date of the Laos patent. Annuity fees shall be payable starting from the next annuity period
Invention of pharmaceutical composition
– Due to Laos is a Least Developed Country, they have announced a delay in protecting pharmaceutical patent;
– The Pharmaceutical patent application is still accepted for filing, but will be on pending state.
– In practice, the DIP will consider the urgency and necessity for the specific pharmaceutical product and the situation of the society when examining the pharmaceutical patent application in Laos. Therefore, at present, pharmaceutical patents will be assessed on a case-by-case basis.
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 Laos. Should you have any questions, please do not hesitate to contact us via email at info@ageless.la.