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Cambodia Utility Model Registration

Updated:2018-5-30 17:34:19    Source:www.tannet-group.comViews:92

Cambodia utility models are applied for and registered with the Department of Industrial Property of the Ministry of Industry and Handicraft. Whereas a patent must be new, involve an inventive step and be industrially applicable, a utility model need only be new and industrially applicable. Foreign applicants must be represented by an agent residing and practicing in Cambodia.

Like most countries, Cambodia is a “first-to-file” system. Thus, where two or more persons have independently arrived at the same invention, the utility model certificate is awarded to the applicant with the earliest filing or priority date. Where two or more people have jointly made an invention, they jointly have the right to the utility model certificate. 

Basic Information Required
The minimum requirements for filing new applications are as follows:
(1) Name, address, and nationality of the applicant and inventor;
(2) International classification of the utility;
(3) Utility model specification (title, description, claims, abstract, and drawings);
(4) Priority claim information such as country, office, filing date, and filing number, international classification, etc.

Utility Model Application Process
Utility model applications can be filed with the Department of Industrial Property of the Ministry of Industry and Handicraft. The patent application form must be made in Khmer and be accompanied by a description of the invention, one or more claims, one or more drawings when necessary. Applications may claim priority based on an earlier national, regional or international patent application, according to the Paris Convention and the Patent Cooperation Treaty.

The Department of Industrial Property will require the original notarized power of attorney, in case the Cambodian patent agent is appointed to undertake the filing. It usually takes around one to two years to obtain the registration certificate. This estimate is based on past experience, it may take longer depending on the workload of the Registrar. 

Duration and Annual Maintenance
The term of a utility model certificate is seven years after the application’s filing date. An annual fee must be paid in advance to the Registrar, starting one year after the filing date of the application. A six-month grace period is allowed for the late payment of the annual fee, with an additional surcharge. Failure to pay the annual fee results in the withdrawal of the application, or lapse of the granted utility model certificate.

Validation of Chinese Patents in Cambodia
Under a recent Memorandum of Understanding between the Cambodian Ministry of Industry and Handicraft (MIH) and the State Intellectual Property Office of China (SIPO), Chinese invention patents may be validated by filing the necessary documents and payment of the prescribed fee, thereby extending the exclusive rights to Cambodia.

The Chinese patent must have been granted and be in good order, with a filing date after January 22, 2003 (the date of signature of the Cambodian patent law). Validation must be requested by a licensed agent in Cambodia before the Department of Industrial Property within the MIH. The Chinese patent must have been granted and be in good order, with a filing date after January 22, 2003 (the date of signature of the Cambodian patent law).

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