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Patent Applications in Laos

Updated:2018-3-12 14:47:32    Source:www.tannet-group.comViews:158

Patent application in Laos can be obtained by way of either entering the national phase of a PCT application or filing a direct national application, the legal basis of which is “Decree No. 01/PM on Patent, Petty Patent and Industrial Designs, and Regulation on the Implementation of Decree on Patent, Petty Patent and Industrial Design. “First-to-file” is the rule followed by Laos in determining priority of patents.

Brief Introduction to types of patent in Laos
- “Patent” is defined as the title granted to protect an invention where “invention” means an idea of an inventor, which permits in practice the solution to a specific problem in the field of technology.

- “A petty patent (or utility model)” is defined as the title granted to protect a device whereas “device” means a technical creation utilizing rules of nature.

Patenablity of patent
Any invention shall be entitled to protection if:
- it is new (novelty);
- it involves an inventive step; and
- it is industrially applicable.

Novelty refers to that any invention is new if it is not anticipated by prior art which has been disclosed to the public anywhere in the world by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing date or, where applicable, the priority date.

Inventive step refers to that any invention shall be considered as involving an inventive step if, having regard to the prior art relevant to the invention, it would not have been obvious to a person having ordinary skills in the art.

Industrial applicability refers to that any invention shall be considered industrially applicable if it can be used in any kind of industry, handicrafts, agriculture, fishery and service.

Required Information
(1) Applicant: full name, address and nationality;
(2) Inventor: full name, address and nationality;
(3) Priority data: filing number, date and country (if applicable);
(4) International filing data: filing and publishing number (if applicable).
(5) English specification(including title, description part, Claims, abstract and drawings, if any);
(6) Power of Attorney (notarization is required);
(7) Notarized Deed of Assignment (if the applicant is not concurrently the inventor).

Terms of protection
(1)The term of protection of a patent is 20 years from the filing date of the application.
(2)The term of protection of a petty patent is seven years from the filing date of the application.

In order to maintain the patent and petty patent, an annual fee shall be paid in advance.

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