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.
According to the Law on Patents, Utility Model and Industrial Design Certificates, patents are new technical solutions, with innovative properties and industrial applicability.
According to the Law on Patents, Utility Model Certificates and Industrial Design, an patent is protected if the following conditions are met:
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.
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.
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:
The CIPTO will consider whether the applicant’s patent is considered to be duplicate with previously published patents.
The CIPTO will consider whether the applicant’s patent can be considered a significant step up from existing technical knowledge.
CIPTO will consider whether the applicant’s patent can be used in manufacturing or other commercial activities.
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.
There are two ways to look up patents in Cambodia:
CIPTO has an online patent database, applicants can access this database to look up information about patents registered in Cambodia.
There are many organizations providing patent search services in Cambodia, applicants can contact these organizations for patent search assistance.
When searching for patents in Cambodia, the applicant should look up the following information:
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.
A dossier of patent registration in Cambodia includes the following documents:
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:
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:
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:
A patent table is a document that summarizes the main information of the patent. The patent schedule must include the following information:
Note when preparing 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:
The process of processing patent registration in Cambodia includes the following steps:
CIPTO will consider the patent application in form, including the following:
If the patent application dossier meets the form requirements, CIPTO will issue a Certificate of acceptance of the patent application to the applicant.
CIPTO will consider the patent application in terms of contents, including the following:
If the patent application meets the substantive requirements, CIPTO will publish the patent application in the Intellectual Property Gazette.
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.
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.
If customer need to file a patent application in Cambodia, please contact Viet An Law Firm for the most effective support.
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