As the leading intellectual property firm, S&B Law would like to give the patent/utility model guide for Cambodia as hereafter:
1-Who can file patent/utility model
a-National or resident of Cambodia, or
b-National or resident of member of Paris Convention for the protection of protection of industrial property or WTO.
2-How to apply
Applicant should file application form No. 1P/UM with Ministry of industry, Mines and Energy, Department of Industrial Property, Patent Office.
Application contains a request, a description, one or more claims, one or more drawings (where required) and an abstract. (Article 16)
Application may contain claiming the priority of one or more earlier national of Paris Convention and WTO. (Article 27)
Where the application contains a declaration of claiming priority, applicant must furnish, within the time limit (will mention in Rule 20), a copy of a earlier application certified as correct by the Office with it was files, according to the request of Registrar.
3.1-The declaration of priority shall be made at the time of filing the application for the patent and utility model certificate and shall indicate:
a- the date of filing of the earlier application;
b- the number of the earlier application, subject to paragraph (2) of this Rule;
c- the symbol of the International Patent Classification which has been allocated to the earlier application, subject to paragraph (3) of this Rule;
d- the State in which the earlier application was filed or, where the earlier application is a regional or an international application, the State or States for which it was filed;
e- where the earlier application is a regional or an international application, the Office which it was filed.
3.2- Where at the time of filing the declaration referred to in paragraph (1) of this Rule, the number of the earlier application is not known, that number shall be furnished within the period of sixteen (16) months after the priority date.
3.3- Where a symbol of the International Patent Classification has not been allocated to the earlier application, or had not yet been allocated at the time of filing the declaration referred to in paragraph (1) of this Rule, the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.
3.4- The applicant may, at any time before the grant of the patent and utility model certificate, amend the contents of the declaration referred to in paragraph (1) of this Rule.
3.5- The period for furnishing the certified copy of the earlier application, referred to in Article 28 of the Law, shall be three (3) months from the date of the request by the Registrar; where a copy has already been furnished for another application, the applicant may respond by making a reference to that other application.
3.6- Where the earlier application is in a language other than Khmer, the applicant shall, within six (6) months from the date of the aforementioned request, furnish translation in Khmer of the earlier application.
3.7- Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one (1) copy. (Rule 20)
4- Information concerning corresponding foreign application and Patent
At the request of Registrar, applicant shall furnish him with the date and number of any application for a patent file by him abroad related to the same or essentially the same invention as that claimed in the application filed with the Ministry in charge of Industry (Ministry of Industry, Mines and Energy). (Article 30)
Applicant shall, at the request of the Register, furnish him with the following documents relating to one or more of the foreign applications referred to in Article 30:
i- a copy of any communication received by the application concerning the results of any search or examination carried out in respect of application;
ii- a copy of the patent granted on the basis of the foreign application;
iii- a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.
Applicant shall, at the request of the Registrar, furnish him with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in the 1st paragraph of this Article. (Article 31)
5-Time for Furnishing Information
Time for furnishing information concerning corresponding of foreign application shall be indicated as following:
5.1- The time limits to be specified for furnishing the information requested under Articles 30 and 31 of the Law, shall not be more than six (6) months from the date such a request is made; upon a reasoned request by the applicant, the Registrar may extend such time limit.
5.2- If the applicant replies that the documents requested under Articles 30 and 31 of the Law are not yet available, the Registrar may suspend the procedure for the examination of the application until such time as the documents are furnished. (Rule 21)
6- Withdrawal and Amendment of Application
Withdrawal and amendment of application shall be executed as following:
6.1- The application shall be withdrawn by written declaration submitted to the Registrar and signed by each applicant.
6.2- The fee related to the application shall not be refunded if the application is withdrawn.
6.3- Any amendment pursuant to Article 24 of the Law, shall be made together with the payment of the prescribed fee.
6.4- A patent and utility model certificates application has been withdraw, abandoned or refused shall be subjected to the provisions of Article 4 (c) (4) on the rights of priority of Paris Convention where appropriate. (Rule 22)
7-Language writing in application
7.1-Application and related document should be in Khmer language (National language of Cambodia ) or
7.2- Where the applications and documents mentioned in the paragraph (1) of this Rule writing in Khmer or in Languages other than English shall translate in to English, for the purpose of searching and examination, and shall submit to the Registrar within six (6) moths from the filling date.
-Accept also the application and related document made in English language, but applicant have to submit the translation in Khmer later. The Form No. 1P/UM (a Request) should be submitted in Khmer around one week and for the remaining elements of application should be submitted within 6 months from the date of filling. (Rule 11).
8- Number of Documents and Physical Requirements
8.1- The application and any accompanying statements or documents shall be submitted to the Registrar and filed in three (3) copies. But the Registrar may require the applicant to supply additional copies as it is necessary.
8.2- All elements of the application shall be so presented as to admit direct reproduction by photography, electrostatic processes, photo offset and microfilming.
8.3- Only one side of each sheet contained in the application shall be used.
8.4- All elements of the application shall be on paper which is flexible, strong, white, smooth, non-shiny and durable.
8.5- The size of the sheets shall be A4 (29.7cm x 21cm), although the Registrar may accept sheets of other sizes.
8.6- The minimum margins of sheets shall be as following:
a- upper margin of each page, except the first page: 2 cm
b- upper margin of the first page: 3 cm
c- side margin adjacent to the binding: 2.5 cm
e- other side margin: 2 cm
f- bottom margin: 2 cm
8.7- Others requirement for paper sheets shall be executed as following:
a- All sheets shall be numbered at the top of the sheet, in the middle, in consecutive numerals.
b- In effecting the sequential numbering of the sheets, the elements of the application shall be placed in the following order: the request, the description, the claims, the abstract, the drawings.
c- The sequential numbering of the sheets shall be effected by using three separate series of numbering, the first series applying to the request only and commencing with the first sheet of the request, the second series commencing with the first sheet of the description and continuing through the claims until the last sheet of the abstract, and the third series being applicable to the sheets of the drawings only and commencing with the first sheet of the drawings.
8.8- The text matter of the application shall be typed; graphic symbols, chemical or mathematical formula and certain characters, if necessary, may be handwritten or drawn.
8.9- Drawings shall be executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes without colourings. (Rule 16)
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