home countries cambodia

[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.