Accelerated Examination of Patent Applications in Cambodia

As one of the least developed countries and regions in the world, the Intellectual Property Office of Cambodia (MIST), which is affiliated to the Industrial Property Department of the Ministry of Industry, Science, Technology and Innovation, does not have the ability to conduct substantive examinations on invention patent applications, but MIST has adopted a very flexible approach and has signed a number of patent validation agreements with intellectual property offices in many countries and regions around the world, including: the European Patent Office EPO, the Intellectual Property Office of Singapore IPOS, the Japanese Patent Office JPO and the Chinese Patent Office CNIPA. Patents that have been authorized by intellectual property patents in these countries can be directly effective in Cambodia. As a general requirement, in order to validate patents in Singapore, Japan, Europe, China and South Korea in Cambodia, patent holders basically have to submit certified copies of the authorized patents in the relevant countries and their Khmer translations to MIST.

European patent authorization valid in Cambodia

• Since March 1, 2018, European patents can be directly effective in Cambodia, making Cambodia the first Asian country to recognize the validity of patents granted by the European Patent Office in its territory. For a European patent to be effective in Cambodia, its technical solution must meet Cambodia's requirements for patent protection.
• Required documents:
  • Notarized power of attorney
  • European patent publication text, to be notarized
  • English translation of the European patent specification (no notarization required)

Accelerate the granting of Japanese patents and designs

• On May 4, 2016, the JPO and MIST held a meeting and signed a joint statement of intent to launch the Collaboration to Promote Patent Grants in Cambodia (CPG). The CPG came into effect on July 1, 2016 and aims to expedite the granting of patents for applications filed in Cambodia without the need for examination if these applications correspond to applications that have already been examined and granted in Japan.
• The following conditions must be met to make a CPG request:
  • Patent applications in Japan and Cambodia should have the same earliest filing date
  • The corresponding Japanese patent application has been granted by the Japan Patent Office
  • One or more claims in the patent application filed with MIH should be identical to the claims in the corresponding JPO patent application
• So far, MIST has no limit on the number of patent applications for CPG requests. Patent applications with CPG requests will be granted within 2-3 months.
• Submit documents:
  • CPG Request Form
  • A certified copy of the patent gazette corresponding to the Japanese patent application and its English translation
  • English and Khmer translations of the claims and specification
  • Claim correspondence table
    

Registration and re-registration of patents and designs in Singapore

• On January 20, 2015, MIST and IPOS signed a Memorandum of Understanding (MoU) on Industrial Property Cooperation, whereby patent holders formally authorized by IPOS can obtain Cambodian patent authorization in a shorter time.
• The following conditions must be met:
  • Submit a registration request and pay the application fee and annual fee (must be paid within 3 months from the date of application at the latest)
  • A certified copy of the Singapore Patent Grant Certificate
  • Certified authorization announcement text
  • Original power of attorney, notarized and authenticated
    

Patents authorized by China have taken effect in Cambodia

• Patents granted in China with an application date after January 22, 2003 can be directly effective in Cambodia. In addition, CNIPA has become the fourth international search agency recognized by Cambodia. The Memorandum of Understanding between China and Cambodia does not cover utility models and designs.
• Submission time:
  • During the validity period of Chinese patent
• Payment deadline:
  • The validity fee must be paid within 3 months from the date of the validity request.
• Submit documents:
• Request for Enforcement
• A certified copy of the Chinese patent specification issued by CNIPA and its English and Khmer translations (submitted no later than 6 months from the date of filing the validation request)
• Patents granted in China that have passed the MIST review are directly protected in Cambodia and enjoy the same application date and protection period as the corresponding Chinese patents, that is, protection for 20 years from the application date in China.
• The registration fee and annual fee of a Chinese patent that has been registered and effective in Cambodia should be paid within 3 months from the date of receipt of the payment notice.
• If the rights of a Chinese patent are terminated due to failure to pay fees in time, the registration and effectiveness of the Chinese patent in Cambodia will not be affected
• In the event that a Chinese patent is invalid, MIST will terminate all rights of the Chinese patent in Cambodia after receiving the invalidation status from CNIPA and all legal remedies for the patent are completed.
• In the event of a legal dispute, the legal status of a Chinese patent registered and effective in Cambodia will be the same as the final legal status of the corresponding Chinese patent after all legal remedy procedures are completed.