Guide for Cambodia Patent Application Process

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Cambodia Profile

The Kingdom of Cambodia, commonly known as Cambodia (Khmer: កម្ពុជា), is a constitutional monarchy located in the Indochina Peninsula of Southeast Asia. Cambodia borders Thailand to the west and northwest, Laos to the northeast, Vietnam to the east and southeast, and the Gulf of Siam to the south. The territory of CRead more

Cambodia Profile

The Kingdom of Cambodia, commonly known as Cambodia (Khmer: កម្ពុជា), is a constitutional monarchy located in the Indochina Peninsula of Southeast Asia. Cambodia borders Thailand to the west and northwest, Laos to the northeast, Vietnam to the east and southeast, and the Gulf of Siam to the south. The territory of Cambodia is a dish-shaped basin, surrounded by hills and mountains on three sides; the central part is a vast and rich plain, accounting for more than three-quarters of the country's area. There are the Mekong River and the largest freshwater lake in Southeast Asia - Tonle Sap Lake (also known as Phnom Penh Lake).

Cambodian Intellectual Property Legal System

  • Trademarks, Trade Names and Unfair Competitive Practices Act
  • Copyright and Neighboring Rights Act
  • "Patent Law, Utility Models and Industrial Designs"
  • Breeders' Rights and Plant Variety Protection Act

The following laws are currently being considered for enactment: the Law on the Protection of Undisclosed Information and Trade Secrets, the Law on the Protection of Layout Designs of Integrated Circuits and the Law on the Protection of Geographical Indications.

International Organization/Agreement

  • Patent Cooperation Treaty
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
  • Paris Convention for the Protection of Industrial Property
  • "Convention Establishing the World Intellectual Property Organization"
  • "Memorandum of Understanding between the State Intellectual Property Office of China and the Ministry of Industry and Handicraft of the Kingdom of Cambodia on the Effectiveness of Chinese Patents in Cambodia"
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Filing Language
Cambodian

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Department of Intellectual Property, Department of Commerce, Cambodia

English: Department of Industrial Property Ministry of Industry, Science, Technology and Innovation, abbreviation: DIP/MISTI

Website: Department of Intellectual Property Rights (cambodiaip.gov.kh)

Filing Language: Khmer

via Paris Convention 

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing
 

Attachments (if any)

  1. Sequence Listing (PDF format and TXT format)
  2. Deposited Receipt of Microorganism and Khmer Translation
  3. Viability Statement of Microorganism and Khmer Translation
  4. Power of Attorney
  5. Certified Priority Document and Khmer Translation
  6. Declaration of Ownership/Certification of Employment/Assignment of priority
  7. Assignment for Patent Right Transfer
  8. A copy of the Chinese-English Bilingual Registration Book officially issued by CNIPA

  9. Certified copy of Chinese Gazette

    *Cambodian patent application documents need to be certified and notarized 

 

20 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.
  • Validation of Chinese Granted Patents: All Chinese granted invention patents after the effective date are eligible to be valid in Cambodia.

Cambodia recognizes the granted Chinese invention patent as long as the application if filed after January 22, 2003, which can be directly registered in Cambodia.

After submitting the request for valid, MISTI will conduct a formality review of the application documents. If need to be corrected, the applicant needs to make corrections within two months. When a patent is registered, an annual fee of the year needs to be paid, and the amount of the annual fee will be based on Chinese filing date.

There is a novelty grace period of 12 months from the filing date/priority date from the date of first disclosure.

The average time for validation in Cambodia for Chinese granted patents is 6-12 months.

  • Grant fee: The patent applicant shall pay the granted fee within 1 month after receipt of the notification of granted.
  • Annuity: Annuity should be paid yearly from the 2nd year from the filing date. If overdue, you can pay it within 6 months of the grace period and pay the penalty at the same time.

Accept priority restoration. Please consult MISTI for the specific implementation standards and fees.

No

Yes. Before the patent application is granted/rejected, the applicant may request to change the patent type from Invention to Utility Model, but there is only one opportunity. 

Name of Patent Office

Department of Intellectual Property, Department of Commerce, Cambodia

English: Department of Industrial Property Ministry of Industry, Science, Technology and Innovation, abbreviation: DIP/MISTI

Website: Department of Intellectual Property Rights (cambodiaip.gov.kh)

Filing Language: Khmer

via Paris Convention

Necessary documents:

  1. Abstract
  2. Abstract Drawing
  3. Claim
  4. Specification
  5. Drawing

Attachments (if any):

  1. Power of Attorney
  2. Certified Priority Document and Khmer translation
  3. Declaration of Ownership/Certification of Employment/Assignment of priority
  4. Assignment for Patent Right Transfer
  5. A copy of the Chinese-English Bilingual Registration Book officially issued by CNIPA

  6. Certified copy of Chinese Gazette

    *Cambodian patent application documents need to be certified and notarized. 

10 years

  • via Paris Convention : 12 months from earliest priority date.
  • via Nationalization of PCT : 30 months from the earliest priority date.
  • Validation of European Patent in EPO member states: within 3 months from the date of grant of the European patent.

MISTI only conducts formality examination for Utility Model Application. 

There is a novelty grace period of 12 months from the filing date/priority date from the date of first disclosure.

  • Grant fee: The applicant need to pay the granted fee within 1 month from the date of receipt of the notification of granted.
  • Annuity: Annuity needs to pay year by year from the 1st year from the filing date.

6-12 months

MISTI accepts priority restoration. Please consult KIP for specific implementation standards and fees.

Yes. Before the patent application is granted/rejected, the applicant may request to change the patent type from Utility Model to Invention, but there is only one opportunity. 

No

Name of Patent Office

Department of Intellectual Property, Department of Commerce, Cambodia

English: Department of Industrial Property Ministry of Industry, Science, Technology and Innovation, abbreviation: DIP/MISTI

Website: Department of Intellectual Property Rights (cambodiaip.gov.kh)

Filing Language: Khmer

Necessary documents:

  1. Pictures/Photos of Design (6-sided views)
  2. A Brief Description
  3. International Classification
  4. Indication of the type of product on which the industrial design will be used.
  5. Description of novelty and protectable point

Attachments (if any):

  1. Power of Attorney
  2. Priority certificate and its Khmer translation
  3. Declaration of Ownership/Certification of Employment/Assignment of priority

  4. Assignment for Patent Right Transfer

    *Cambodian patent application documents need to be notarized and certified

The initial protection is 5 years, renewable up to 2 times, with a maximum validity period of 15 years.

  • via Paris Convention : 6 months from earliest priority date.
  • via Hague Agreement route: 6 months from earliest priority date.

MISTI only conducts formality examination for Design applications.

If the patent is disclosed by the applicant or previous patentee, or misused by a third party, the design can enjoy a novelty grace period within 12 months from the filing date/priority date.

  • Authorization Fee: None
  • Annuity: The annuity should be paid within 6 months before the expiration of the 5th year and 10th year respectively, a Letter of Patent should be provided at the same time of payment. Overdue payment can have a grace period of 6 months and pay the penalty. 

4-6 months

No

No

No

发明专利、实用新型及外观设计进入国家申请流程