Patent registration in Cambodia. Cambodia, officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia. While per capita income remains low compared to most neighboring countries, Cambodia has one of the fastest-growing economies in Asia, with growth averaging 7.6 percent over the last decade. Agriculture remains the dominant economic sector, with strong growth in textiles, construction, garments, and tourism leading to increased foreign investment and international trade. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Cambodia.
Patent in Cambodia
According to the IP Law of Cambodia, any idea of an inventor which qualifies the solution to a specific problem in the field of technology may be patentable.
These include scientific theories, mathematical models, business methods, medical treatments, and pharmaceutical products.
To be registered as a patent in Cambodia, an invention must be new, involve an inventive step and be industrially applicable.
Regarding the novelty period, the Cambodia law is very strict. In particular, there are almost no exceptions to the disclosure of the invention in the world before the filing date or priority date of that patent application.
Regarding the inventive step, a patentable invention must include an inventive step, meaning that it must not be obvious to a person having ordinary skill in that field.
Regarding industrially applicable criteria, the invention must be able to be mass-produced industrially.
However, it must be noted that the patentable invention must not be invention that is prohibited by law, meaning that it may not be contrary to public order or morality, harmful to life or the environment, etc.
The procedure for patent registration in Cambodia
To obtain a patent in Cambodia, the applicant needs to file their patent application to the Phnom Penh office of the Department of Industrial Property, within the Ministry of Industry and Handicraft personally.
At the moment, the IP Office of Cambodia doesn’t accept e-filing. While inventors may represent themselves, foreign applicants must retain an agent licensed in Cambodia.
The patent application can be filed in any languages. However, the applicant needs to provide an English translation of those documents to the IP Office.
This is the same to priority documents.
If the applicant wants to claim priority, they must file the priority document along with a certified copy of the priority application, including any search/examination reports and foreign office actions, along with the necessary translations.
A Khmer-language translation of the patent must be submitted within 6 months of the application submission.
After registration, a patent in Cambodia is valid for 20 years from its filing date. To maintain the validity of the patent, the patentee needs to pay the annuity fees every year, from 20 USD in the second year to 890 USD in the last year.
Patent Cooperation Treaty
As Cambodia has acceded to the Patent Cooperation Treaty back in 2016, it is now possible for applicant to register their patent internationally.
The time limit for entry into the national phase is 30 months from the priority date.
To enter the PCT national phase in Cambodia, a certified copy of the international application, a Khmer translation, a power of attorney, and statement justifying the applicant’s right must be submitted to the Department of Industrial Property.
You can see a list of Cambodia IP firms here.