Lao Patent Application

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Release time:2016-05-13

Abstract: In Laos, patent protection can be obtained in two ways: one is the way that the PCT (Patent Cooperation Treaty) patent application enters the national phase, and the other is the way that the national application is submitted directly.

 

1.LaosIntroduction to Patent

In Laos, patent protection can be obtained in two ways: one is the way that the PCT (Patent Cooperation Treaty) patent application enters the national phase, and the other is the way that the national application is submitted directly.

(I) law

Decree No. 01/PM on Patents, Small Patents and Design Patents.

(II) access to patent standards

Patent protection must meet the following conditions:

1. Novelty;

(2) having originality;

3. With industrial use.

The following cannot be patented:

1. discoveries, scientific theories and mathematical methods;

2. Plans, regulations and methods of doing business, mainly intellectual activities or games and amusements in the service of the spiritual sphere;

3. Methods of surgery, treatment and diagnosis on humans or animals;

4. The pharmaceutical supplies provided by Article 136 of this Law;

5. Species of plants and animals, or the production of plants and animals in biological processes;

6. Plant species.

(III) small patent

The Lao patent system provides for the granting of small patents (utility models). Small patents must meet the criteria of novelty and industrial applicability (but not invention). In Laos, small patents are valid for 10 years from the date of formal filing of the application. If the annual patent fee is paid each year, there may be a 2-year extension. The maximum term of patent protection is 12 years.

(IV) Membership

(a) the Paris Convention;

2. Applicable to the Patent Cooperation Treaty.

Laos became a member of the Paris Convention in 1998, whereby applications from all Convention countries are given equal priority date treatment in Laos. An application for priority must be made within 12 months of the first application in a Convention country.

Laos also became a member of the Patent Cooperation Treaty (PCT) in 2006. If an international application has been made, the applicant may file or carry out the application within 30 months from the date on which the international application enters the Lao national phase or from the earliest priority date (if priority is claimed).

(V) priority rule

The "first application" is the Lao rule for determining the priority of patents.

(VI) Duration

The term of patent protection is 20 years from the date of formal filing of the application, and an annual patent fee is payable each year.

 

2. Lao Patent Application Procedure

(I) each applicant is required to submit an application to the patent authority within the 12-month priority date.

The (II) from the filing of the application to the date of authorization is about 50 months (for patents) and 12 months (for small patents).

 

Documents required to 3. Lao patent applications

To file a patent application in Laos, the following information or documents are required:

Direct application from (I) countries

1. Application Form:

(1) Name, address and nationality of the applicant;

(2) the name, address and nationality of the inventor;

(3) the titles of invention patents and small invention patents;

(4) If the priority of the application has been obtained, the country in which it was obtained, the application number and the date of filing of the original foreign application shall be indicated.

3. Appointment of patent agent.

4. The inventor is required to submit an appointment report to the applicant.

(II) PCT national phase patent applications

A copy of the PCT application in English (I. e. PCT/RO/101 Application Form);

2. PCT application details (matching WIPO directory);

A copy of the original PCT documentation filed (in English);

4. A copy of the amendment document submitted during the international phase (in English);

5. A form of appointment of agent signed by the applicant;

6. If the applicant is not the inventor, state and explain how the applicant is entitled to the inventor's patent, usually by virtue of a commission or employment relationship.