Patent application in Cambodia

Patent registration dossiers in Cambodia are important procedures, money for patents to be protected and recognized intellectual property rights for unique and innovative products. This not only facilitates research and innovation efforts, but also promotes sustainable development in the field of engineering and innovation. To understand this procedure in Cambodia, the preparation of a patent application is a fundamental and decisive step. A patent application includes many important elements, from the applicant’s personal information to a detailed description of the patent and research process. To ensure high efficiency in this process, mastering the essentials and complying with the regulations of the Cambodian authorities is necessary. Through this article, Viet An Law Firm will guide customers on how to prepare a patent application 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.

Patent application in Cambodia

According to the provisions  of the Law on Patents, Certificates of Utility Models and Industrial Design, a dossier of patent registration in Cambodia includes the following documents:

• Patent registration declaration

The patent registration declaration must include the following information:

• • Name, address of the applicant
  • Name and address of the author of the patent (if the applicant is not the author of the patent)
  • Patent title
  • Patent description
  • Patent lacustomert
  • Patent requirements
  • Patent description

The description of the patent must include the following information:

• • Name and address of the applicant
  • Name and address of the author of the patent (if the applicant is not the author of the patent)
  • Patent title
  • Patent summary
  • Detailed description of the patent
  • Illustrations (if applicable)
  • Patent lacustomert

An patent lacustomert is a drawing or model that demonstrates the technical solution of an patent.

• Patent requirements

The patent request must include the following information:

• • Number of patent applications
  • Date of filing of patent application
  • Type of patent
  • Scope of patent protection

In addition, the patent registration dossier may include the following additional documents:

• Power of attorney

A power of attorney is a written authorization for a representative to file a patent application.

• Proof of right-of-way

Proof of precedence is a document proving that an patent has been applied for registration in another country prior to the date of filing of the patent application in Cambodia.

All documents in the patent application must be filed in Khmer. However, documents in a foreign language may be attached.

The patent application must be submitted to the Intellectual Property Office of Cambodia (CIP). CIP will review the patent application and make a decision to grant or reject the patent.

Appraisal of patent registration dossiers in Cambodia Appraisal of patent registration dossiers in Cambodia is carried out in two stages:

Formal appraisal

Formal appraisal involves checking the information and documents in the patent application to ensure that the dossier meets the formal requirements of Cambodian intellectual property law.

The contents examined during the formal appraisal phase include:

• Name, address of the applicant
• Name and address of the author of the patent (if the applicant is not the author of the patent)
• Patent title
• Patent description
• Patent lacustomert
• Patent requirements

If the patent application meets the form requirements, then CIP will issue a certificate of receipt of the patent application. The certificate of receipt of the patent application specifies the date of filing of the patent application and the priority date (if any).

Content appraisal

Content appraisal involves examining the novelty, creativity and industrial applicability of the patent.

The contents examined during the content appraisal phase include:

• Novelty of patent: An patent is considered new if it has not been publicly announced in Cambodia or in any other country before the date of filing of the patent application.
• Creativity of patent: Creativity is the novelty of an patent that cannot be easily inferred from existing technical knowledge in Cambodia or in any other country on the date of filing of the patent application.
• Industrial applicability of an patent: Industrial applicability is an patent that can be used in manufacturing or in other commercial activities.

If the patent meets the requirements of novelty, innovativeness, and industrial applicability, then CIP will grant the patent. The patent shall be valid for a period of 20 years from the date of filing of the patent application.

If the patent does not meet the requirements of novelty, creativity and industrial applicability, the CIP will issue a decision refusing to grant the patent. The applicant may appeal the decision to deny the patent within 30 days from the date of receipt of the decision.

Publication period

After appraising the contents, CIP will publish the patent application in the Cambodian Intellectual Property Gazette. The time limit for publication is 3 months from the date of completion of content appraisal.

Within 90 days from the date of publication, third parties have the right to object to a patent application if they believe that the patent does not meet the requirements for novelty, creativity and industrial applicability. If no third party objects to the patent application within 90 days, then the CIP will grant the patent.

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.