[1] time limit
twelve [12] months counted from the earliest priority date is limited to claim the priority on the basis of the conventional patent application under Paris Convention.
[2] grace period for the PCT application
twelve [12] months counted from the earliest priority date is allowable to enter the Cambodian national phase of PCT application, although Cambodia is not a member of PCT.
[3] requirements
In order to file an application for a patent/utility model in Cambodia, it is required the following documents:
Direct National Application
|
documents |
remarks |
time of filing |
|
Power of Attorney |
- notarized |
within two [2] months from the filing date |
|
Inventorship Deed of Assignment |
- notarized & required when applicant and inventor is not the same |
within two [2] months from the filing date |
|
English patent specification |
- required |
on filing date |
|
Khmer specification |
- required |
within six [6] months from the filing date |
Convention Based-Application
|
documents |
remarks |
time of filing |
|
Power of Attorney |
- notarized |
within two [2] months from the filing date |
|
Priority document |
- certified copy which issued by the first receiving office - English & Khmer translations are required |
within three [3] months from the filing date |
|
Priority Deed of Assignment |
- notarized & required when applicant is other than one in priority document |
within three [3] months from the filing date |
|
English patent specification |
- required |
on filing date |
|
Khmer patent specification |
- required |
within six [6] months from the filing date |
|
Copy of examination report of corresponding application in foreign country |
- if any |
on available |
|
Copy of registration certificate of patent/petty patent obtained in foreign country |
- if any |
on available |
Entry of PCT National Phase
|
documents |
remarks |
time of filing |
|
Power of Attorney |
- notarized |
within two [2] months from the filing date |
|
Priority document |
- certified copy which issued by the first receiving office - English & Khmer translations are required |
within three [3] months from the filing date |
|
Priority Deed of Assignment |
- notarized & required when applicant is other than one in priority document |
within three [3] months from the filing date |
|
English patent specification |
- required |
on filing date |
|
Khmer patent specification |
- required |
within six [6] months from the filing date |
|
International Search Report |
- if available |
on available |
|
International preliminary examination report |
- if available |
on available |
|
Copy of examination report of corresponding application in foreign country |
- if any |
on available |
|
Copy of registration certificate of patent/petty patent obtained in foreign country |
- if any |
on available |
[4] examination
An application for invention/utility model in Cambodia shall be conducted the formality examination and substantive examination with the alternate publication.
formality
A formality examination will take three [3] months from the filing date.
A response for formality refusal have to be made within two [02] months from the date of notification.
publication
If the application is considered formality accepted, it will be published in the official Gazette in the 18th month counted from the filing date or the priority date. However, as a matter of practice, until the date of 2013, the publication step has not been performed for any patent application.
substance
Currently, Cambodia Patent Office itself has no facilities to conduct the substantive examination of patent application, and the substantive examination result will be followed to the result which is made by any foreign Patent Office for its corresponding application.
In case the applicant cannot submit the foreign examination results, the Cambodia patent office will request a foreign searching and examining authority to take the substantive examination for the application upon the request of applicant.
A response for substantive refusal have to be made within five [05] months from the date of notification.
grant
If the application is considered accepted to grant a patent, the Registrar will request the applicant to pay the grant fee within three [3] months from the date of the notification.
The whole duration for the grant and publication of Patent certificate is about [32]~[48] months from the date on which the application is filed in due course
[5] term & maintenance
Term of protection of patent is twenty [20] years from the filing date, while is [07] years for utility model. The annuity must be paid in advance for every year, but annuity for the first year is required the time of filing notwithstanding the patent is granted or not.
A six-month grace period is allowed for the late payment of annual fee with an additional surcharge.
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