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Cambodia Invention Patent Application

Updated:2018-5-30 17:39:13    Source:www.tannet-group.comViews:112

Cambodia invention patent application is registered with registered with the Department of Industrial Property of the Ministry of Industry and Handicraft (MIH). Cambodia’s Law on Patents, Utility Models and Industrial Designs provides a set of exclusive rights to an inventor or his assignee for a fixed period of time in exchange for disclosure of an invention, utility model or industrial design.

The law defines an invention as”an idea of an inventor which permits in practice the solution to a specific problem in the field of technology”, it may relate to either a product or a process.

Criteria on Patentability 
An invention is defined in the law as “an idea of an inventor which permits in practice the solution to a specific problem in the field of technology” and may be, or relate to, a product or a process. Any invention can be the subject of a patent, except for:

– Discoveries, scientific theories and mathematical models;
– Schemes, rules or methods for doing business, performing purely mental acts or playing games;
– Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body; this provision does not apply to products for use in any of these methods;
– Pharmaceutical products;
– Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals;
– Plant varieties.

Official Language for Application
According to Cambodia Patent Practice & Rule, application and related document should be in Khmer together with their copy of English translation. This means that both of the English Specification and Khmer translation are required for filing a patent application in Cambodia.

Patent Application Procedures
1. Novelty search;
2. Drafting of patent specification;
3. Filing of application with specification;
4. Application number and priority date (if any);
5. Extension to overseas;
6. Publication;
7. Examination;
8. Grant for registration.

Duration and Maintenance
The term of a patent is twenty years from the application’s filing date. Under the Cambodia IP Law, in order to maintain the pending patent application/patent certificate, annuity fee should be before the expiration date of each validity year starting from the second year counted from the Cambodian filing date.

Although the Law states that payment of an annual maintenance fee begins one year from filing, in practice the Registrar requires payment beginning in the fifth year. 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 patent application, or lapse of the granted patent.

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