[1] membership
Cambodia is currently a member of the following international conventions:
- Paris Convention (since June 1998);
- World Trade Organization (since October 2004).
[2] types of patent
There are two types of patent in Cambodia, namely:
- Patent for invention; and
- Patent for Utility Model.
[3] protection criteria
An application for invention shall be patented when it is:
- novelty;
- inventive step; and
- industrial applicability.
While an application for utility model shall be patented when it is:
- novelty, and
- industrial applicability.
[4] patentable subject matter
Subject matters of Patents are listed as follow:
- device;
- process;
- microorganisms; and
- substance.
[5] non-patentable subject matter
The following subject matters are out of the patent system:
- discoveries, scientific theories and mathematical methods;
- schemes, plans, rules or methods for performing purely mental acts, playing games, doing business;
- methods for treatment of the human or animal body by surgery or therapy, methods of diagnostic practiced on the human or animal body;
- pharmaceutical products;
- plant or animal other than micro organism, and essentially biological processes for the production of plants and animals; and
- plants varieties.
[6] exception of novelty
An application for patent shall be deemed not have lacked novelty if it belongs to one of two circumstances below:
a) disclosure of invention/utility model occurred within twelve [12] months preceding the filing date or, where applicable, the priority date of the application; and
b) disclosure of invention/utility model was in consequence of abuse or infringement by the third party over the applicant.
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