Patent registration in Cambodia

In the continuous evolution of society, new patents in Cambodia have emerged as an integral part of sustainable development and innovation in the field of science and technology. The Cambodian economy’s significant investment in research and development has created an enabling environment for innovation. The patent registration procedure becomes important to protect and promote excellent ideas. Through this article, Viet An Law Firm will provide preliminary guidance to customers on patent registration procedures in Cambodia from document preparation to approval of registration. At the same time, we will assess the patent authority in Cambodia, understand the specific criteria that need to be met, and recognize the challenges that researchers and businesses may face in their journey to protect their intellectual property rights.

Legal basis

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

Overview of “patents”

What is a “patent”?

According to the Law on Patents, Utility Model and Industrial Design Certificates, patents are new technical solutions, with innovative properties and industrial applicability.

Conditions for patent protection

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.

• 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.

• 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.

To determine whether the patent meets the above conditions, CIPTO will consider the following factors:

• Novelty of patent

The CIPTO will consider whether the applicant’s patent is considered to be duplicate with previously published patents.

• Creativity of patent

The CIPTO will consider whether the applicant’s patent can be considered a significant step up from existing technical knowledge.

• Industrial applicability of the patent

CIPTO will consider whether the applicant’s patent can be used in manufacturing or other commercial activities.

Patent lookup in Cambodia

Patent lookup in Cambodia is an important procedure that needs to be carried out before filing a patent application in Cambodia. Patent lookup helps the applicant determine whether his patent meets the conditions for protection.

How to look up patents in Cambodia

There are two ways to look up patents in Cambodia:

• Look up directly at the Cambodian Intellectual Property Office (CIPTO)

CIPTO has an online patent database, applicants can access this database to look up information about patents registered in Cambodia.

• Look up through patent lookup service providers

There are many organizations providing patent search services in Cambodia, applicants can contact these organizations for patent search assistance.

Information to look up when searching for patents in Cambodia

When searching for patents in Cambodia, the applicant should look up the following information:

• Patent name
• Technical solutions of patents
• Date of filing of patent application
• Patent date
• Status of the patent

Patent search results

The results of the patent search will help the applicant determine whether his patent meets the conditions for protection. If the search results show that the applicant’s patent duplicates the previously registered patent, the applicant should amend his/her patent to avoid being considered a duplicate.

Patent application dossier

A dossier of patent registration in Cambodia includes the following documents:

• Patent application
• Patent description
• Patent drawing
• Patent Table

Patent application

A patent application is the first document to prepare when filing a patent application in Cambodia. The patent application must be written in Khmer, including the following information:

• Name of patent
• Information of the patent owner
• Information about the patent author
• Technical solutions of patents

Patent description

The description of the patent is the most important document in the patent application. The description of the patent must fully and clearly describe the technical solution of the patent. The description of the patent must include the following information:

• Name of patent
• Technical solution overview
• Technical characteristics of technical solutions
• The advantages of technical solutions

Patent drawing

The patent drawing is a supporting document for the patent description. The patent drawing must fully and clearly describe the structure of the technical solution. The patent drawing must include the following information:

• Name of patent
• Components of a technical solution
• Correlation between components

Patent Table

A patent table is a document that summarizes the main information of the patent. The patent schedule must include the following information:

• Name of patent
• Name of the author of the patent
• Information about the patent owner
• Type of patent
• Purpose of the patent

Note when preparing patent application in Cambodia

• The applicant should note that the patent application in Cambodia must be written in Khmer.
• The applicant should consult an intellectual property lawyer for advice on how to prepare a patent application in Cambodia.

Filing patent application in Cambodia

A patent application can be filed directly at the Intellectual Property Office of Cambodia (CIPTO) or by post.

Patent registration fee in CambodiaIn accordance with the Law on Patents, Utility Model Certificates and Industrial Design. The patent registration fee includes the following fees:

• Patent application filing fee: $50
• Patent application disclosure fee: USD 25

The process of processing patent registration in Cambodia

The process of processing patent registration in Cambodia includes the following steps:

Step 1: Appraisal of the form

CIPTO will consider the patent application in form, including the following:

• Whether the patent application has sufficient information as prescribed or not
• Whether the patent description, patent drawing and patent table are fully informative and meet the form requirements

If the patent application dossier meets the form requirements, CIPTO will issue a Certificate of acceptance of the patent application to the applicant.

Step 2: Content appraisal

CIPTO will consider the patent application in terms of contents, including the following:

• Whether the patent meets the conditions of protection or not
• Whether the patent overlaps with previously registered patents

If the patent application meets the substantive requirements, CIPTO will publish the patent application in the Intellectual Property Gazette.

Step 3: Object to the patent application

Anyone with relevant interests and obligations may submit an objection to a patent application within 90 days from the date of publication of the patent application.

The CIPTO will consider the objection and make a decision on whether to accept or reject the objection.

Step 4: Patent

If the patent application is not challenged or the objection is rejected, CIPTO will grant the patent to the applicant’s patent.

The processing time for patent registration in Cambodia is 12 months from the date of filing.

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.