Pintas IP Group

Overview of Southeast Asia Patent

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马来西亚
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老挝
印度尼西亚
菲律宾
越南
柬埔寨

In Laos, patent protection is obtainable by way of either entering the national phase of a PCT application or filing a direct national application. 

1. 法律法规:
Decree No. 01/PM on Patent, Petty Patent and Industrial Designs. 

2. 专利性标准:
A patent has to fulfill the following conditions in order to claim protection.

  •  具有新颖性

  •  包含创造性步骤

  •  可工业应用

不可专利的主题:

  •  发现、科学理论和数学方法

  •  schemes, rules or methods for doing business, performing mental acts or playing games,

  •  methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;

  •  pharmaceutical products as provided in Article 136 of this Law;

  •  植物或动物品种,或用于生产植物或动物的本质生物过程

  •  plant varieties.

3. Petty Patents:
The Laos patent system also provides for the grant of petty patents (utility model). A petty patent must fulfill the criteria of novelty and industrial applicability (but not inventiveness). Validity of a petty patent is 10 years from the official filing date in Laos and can be extended one time for a period of 2 years, provided that annual maintenance fee is paid. The maximum term of protection 12 years. 

4. 成员资格:
√ – 巴黎公约
√ – atent Cooperation Treaty (PCT) 

Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country. 

Laos is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Laos within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed. 

5. 优先权规则:
“First to file is the rule followed by Laos in determining priority of patents. 

6. 期限:
The duration of protection is 20 years from the official filing date, provided that annual maintenance fee is paid.

简介

In Laos, patent protection is obtainable by way of either entering the national phase of a PCT application or filing a direct national application. 

1. 法律法规:
Decree No. 01/PM on Patent, Petty Patent and Industrial Designs. 

2. 专利性标准:
A patent has to fulfill the following conditions in order to claim protection.

  •  具有新颖性

  •  包含创造性步骤

  •  可工业应用

不可专利的主题:

  •  发现、科学理论和数学方法

  •  schemes, rules or methods for doing business, performing mental acts or playing games,

  •  methods for the treatment of the human or animal body by surgery or therapy, and diagnostic methods practiced on the human or animal body;

  •  pharmaceutical products as provided in Article 136 of this Law;

  •  植物或动物品种,或用于生产植物或动物的本质生物过程

  •  plant varieties.

3. Petty Patents:
The Laos patent system also provides for the grant of petty patents (utility model). A petty patent must fulfill the criteria of novelty and industrial applicability (but not inventiveness). Validity of a petty patent is 10 years from the official filing date in Laos and can be extended one time for a period of 2 years, provided that annual maintenance fee is paid. The maximum term of protection 12 years. 

4. 成员资格:
√ – 巴黎公约
√ – atent Cooperation Treaty (PCT) 

Laos is a member of the Paris Convention from 1998, whereby applications from convention countries will be subject to the same priority date in Laos. The application for priority has to be made within six months of the first application in a convention country. 

Laos is also a member of the PCT since 2006. An applicant who has made an international patent application may file and/or prosecute the patent application during its national phase entry into Laos within 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed. 

5. 优先权规则:
“First to file is the rule followed by Laos in determining priority of patents. 

6. 期限:
The duration of protection is 20 years from the official filing date, provided that annual maintenance fee is paid.

The following information and/or documents are required to file an application for a patent in Laos:- 

直接国家申请:
1. 申请表:
a) Name, address and nationality of the applicant;
b) Name, address and nationality of the inventor; 
c) Title of the invention/petty invention 
d) Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed). 
2. 专利代理人委托书 
3. Filing of an assignment from inventor to applicant. 

PCT National Phase Application 
1. a copy of the PCT application in English language ( i.e. request form PCT/RO/101);
2. the details of the PCT application (suitably, the bibliographic page as published by WIPO);
3. one copy of the PCT specification as originally filed (in or translated to English);
4. one copy of any amendments filed in the international phase (in or translated to English);
5. an Appointment of Agent form signed by the applicant; and
6. if the applicant is not the inventor, a statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.

The following information and/or documents are required to file an application for a trademark application in Laos:-

1. Application form.

2. Power of Attorney.

3. Twenty (20) clear copy of the mark.

4. A list of goods or services (which closely follow the Nice International Classification).

5. The full name, nationality and registered address of the applicant.

6. For marks that contain non-English words, a certified transliteration and translation.

基本要求

文档
备注
提交时间
Patent specification including description, claims, abstract
2 copies
提交时
Drawings
2 copies (if any)
提交时

Additional Documents

文档
备注
提交时间
Certified priority documents
Convention priority can be claimed within 12 months from the first filing date of a foreign application.
提交时
Search report of the invention issued by any patent examiner of the foreign country or by relevant international organization
提交时
授权委托书
Notarized
提交时
Deed of Assignment
Notarized
提交时

Documents required for Entry of PCT National Phase

文档
提交时间
Details of the PCT application
提交时
International preliminary examination report
提交时
International search report
提交时
Notification of recording of a change
提交时
Amendments file in the international phase
提交时

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