Patent registration conditions in Cambodia

Patent registration in Cambodia is an important procedure that individuals and businesses should pay attention to to protect their intellectual property rights. With the growing business environment, patent protection policy has become an important part of promoting innovation and protecting research and development investment. Cambodia, in its developing economic situation and favorable for investment, has established a legal system to protect intellectual property rights, including regulations on patent registration. This procedure provides opportunities for individuals, organizations, and businesses to register and own their own unique, invented, and innovative ideas. In order to convey to customers the basic and necessary information, through this article, Viet An Law Firm will guide the basic conditions for patent registration in Cambodia.

Legal basis

• The Law on Patents, Utility Model Certificates and Industrial Design, which came into effect in January 2003;
• Related decrees and circulars.

What is an “patent”?

In accordance with the Law on Patents, Utility Model and Industrial Design Certificates, an patent is defined as:

“New technical solutions, innovative and industrially applicable, are created in the field of science, engineering, technology.”

Patent registration conditions in Cambodia

According to the Law on Patents, Utility Model Certificates and Industrial Design, an patent is protected if the following conditions are met:

Patent must be a new technical solution

A new technical solution is a technical solution that has not been publicly published in any form in Cambodia or in any other country prior to the date of filing of the patent application. A technical solution is a solution that can be implemented using engineering methods, created by man and can be applied in production or in other commercial activities. For example, a new production process is a new technical solution. A new component to a product is a new technical solution. A new method of using a product is a new technical solution.

A technical solution is not considered new if it has been publicly announced in Cambodia or in any other country before the date of filing of the patent application. Public disclosure includes any form of publication, such as publication in a journal, presentation at a conference, or use in production.

If a technical solution has been publicly disclosed before the date of filing of the patent application, it will not be protected by Cambodian intellectual property law. However, there are some exceptions to the patent novelty regulation. For example, an patent will be considered new if it has been publicly disclosed during the 12-month period preceding the date of filing of the patent application, but only for research or testing purposes. In addition, an patent will be considered new if it has been publicly disclosed by the applicant himself or by a person authorized by the applicant.

Patents must be creative

Creativity is the novelty of the technical solution that cannot be easily inferred from the existing technical knowledge in Cambodia or in any other country on the date of filing the patent application. Creativity is determined based on the degree of difficulty so that a person with an average understanding of the respective technical field can deduce a technical solution from existing technical knowledge. For example, a technical solution that is a small improvement over a previously known technical solution may not be considered innovative. However, a completely new technical solution and that cannot be inferred from existing technical knowledge can be considered innovative. If a technical solution is not innovative, it will not be protected by Cambodian intellectual property law. However, there are some exceptions to the patent regulation. For example, an patent would be considered innovative if it was a simple technical solution, but significantly more effective than existing technical solutions.

The patent must be capable of industrial application

Industrial applicability is a technical solution that can be used in production or in other commercial activities. Industrial applicability is determined based on the likelihood that the technical solution can be implemented using engineering methods, which can be mass-produced or used in other commercial operations. For example, a new manufacturing process can be used to mass-produce a new product that can be marketed. A new ingredient for a product can be used to improve the performance of the product. A new method of using a product can increase profits from using the product. If a technical solution is not industrially applicable, then it will not be protected by Cambodian intellectual property law. However, there are some exceptions to the provision on the industrial applicability of the patent. For example, an patent will be considered industrially applicable if it is a simple technical solution, but has potential future applications.

According to the Law on Patents, Utility Model Certificates and Industrial Design, the term of patent protection in Cambodia is 20 years from the date of filing of the patent application.

The term of patent protection can be extended once, up to a maximum of 20 years. The patent renewal application must be filed before the patent’s expiration date. Upon expiration of protection, the patent becomes public property and anyone can use it without the consent of the patent owner. The patent owner has the right to continue using the patent for a period of 6 months after the expiration of protection.

Patent registration service in Cambodia of Viet An Law Firm

• Carry out the search and notify customers in writing the results of patent search in Cambodia;
• Drafting dossiers and directly submitting and monitoring the status of patent applications filed in Cambodia on behalf of patent owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Cambodia;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Cambodia.
• Receive dispatches, certificates and hand over to customers (if any).

If customer need to file a patent application in Cambodia, please contact Viet An Law Firm for the most effective support.