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CN Laos Patent
Overview of Southeast Asia Patent
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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. Legislations:
Decree No. 01/PM on Patent, Petty Patent and Industrial Designs.
2. Patentability Criteria:
A patent has to fulfill the following conditions in order to claim protection.
it is new
it involves an inventive step
it is industrially applicable
Non-Patentable Subject Matter:
discoveries, scientific theories and mathematical methods,
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;
plant or animal varieties or essentially biological processes for the production of plant or animals,
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. Membership:
√ – Paris Convention
√ – 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. Rule of Priority:
“First to file“ is the rule followed by Laos in determining priority of patents.
6. Duration:
The duration of protection is 20 years from the official filing date, provided that annual maintenance fee is paid.
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. Legislations:
Decree No. 01/PM on Patent, Petty Patent and Industrial Designs.
2. Patentability Criteria:
A patent has to fulfill the following conditions in order to claim protection.
it is new
it involves an inventive step
it is industrially applicable
Non-Patentable Subject Matter:
discoveries, scientific theories and mathematical methods,
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;
plant or animal varieties or essentially biological processes for the production of plant or animals,
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. Membership:
√ – Paris Convention
√ – 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. Rule of Priority:
“First to file“ is the rule followed by Laos in determining priority of patents.
6. Duration:
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:-
Direct National Application:-
1. Application Form:-
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. Appointment of Patent Agent
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.
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Patent specification including description, claims, abstract | 2 copies | On filing date |
Drawings | 2 copies (if any) | On filing date |
Additional Documents
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Certified priority documents | Convention priority can be claimed within 12 months from the first filing date of a foreign application. | On filing date |
Search report of the invention issued by any patent examiner of the foreign country or by relevant international organization | On filing date | |
Power of Attorney | Notarized | On filing date |
Deed of Assignment | Notarized | On filing date |
Documents required for Entry of PCT National Phase
DOCUMENTS | TIME OF FILING |
|---|---|
Details of the PCT application | On filing date |
International preliminary examination report | On filing date |
International search report | On filing date |
Notification of recording of a change | On filing date |
Amendments file in the international phase | On filing date |
