Validation of Chinese Patent in Cambodia
Following on from the success of the Agreement on Validation of European Patent with the European Patent Office as reported by ZICO IP previously here, Cambodia reached another important milestone in its efforts to strengthen its intellectual property protection system by introducing a validation system for Chinese Invention Patents which came into effect on 29 March 2018. This milestone is also seen as a positive step towards attracting greater levels of foreign investment into the country.
This latest development stems from the Memorandum of Understanding on Intellectual Property Co-operation between Cambodia’s Ministry of Industry and Handicrafts (MIH) and the State Intellectual Property Office of China (SIPO).
The importance of this is that it enables owners of a Chinese Invention Patents to validate their patents in Cambodia and enjoy full and valid protection rights for a duration of 20 years from the original filing date in China without further substantive examination.
How does the validation work?
To effect the validation of Chinese Invention Patents in Cambodia, the Chinese patent must meet the following criteria:
(i) be valid and in force in China at the time of validation in Cambodia;
(ii) the filing date of the Chinese patent must be on or after 22 January 2003; and
(iii) the claimed invention is not excluded from protection under Cambodian Patent Law.
Upon completion of the formal requirements, including furnishing of a certified copy of Chinese patent along with English and Khmer translation of said patent, the MIH is expected to issue a notice of registration within 20 days from the filing date of the validation request.
The Cambodian patent derived from the validation will, subject to payment of maintenance fees, continue its protection term for the remainder of the duration of protection of 20 years from the original filing date of the Chinese patent.
Prateep Naboriboon, Senior Associate, ZICO IP Thailand