How to file patent/utility model applications in Cambodia

How to file patent/utility model applications in Cambodia
March 19 10:02 2015 Print This Article

SBLAW would like to provide the client information on filling patent/utility model applications in Cambodia for your kind consideration:

A- How to Apply Patent/Utility Model Applications

Agent/Attorney representing applicant should file application, at the Department of Industrial Property (DIP), Ministry of Industry, Mines and Energy.

Application should contain:

1. A request (application)

2. A description

3. One or more claims

4. An abstract, and

5. One or more drawings (where required).

B- Claiming Priority

Application may contain claiming priority of one or more earlier national of Paris Convention or WTO.

Where the application contains a Declaration of Claiming Priority, applicant must furnish a copy of an earlier application certified by the Office that the application was filed.

1-  The Declaration of Claiming Priority shall be made at the time of filing the application for the patent or utility model certificate and shall indicate:

a-  the filing date of the earlier application

b-  the number of the earlier application

c- the symbol of the International Patent Classification which has been allocated to the earlier application

d- the State in which the earlier application was filed or, the State or States for which it was filed where the earlier application is a regional or an international application

e- the Office which it was filed, where the earlier application is a regional or an international application

2- Where at the time of filing the declaration referred to in paragraph (1), 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- 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), the applicant shall state this fact in the said declaration and shall communicate such symbol as soon as it has been allocated.

4- The applicant may, at any time before the grant of the patent or utility model certificate, amend the contents of the declaration referred to in paragraph (1).

5- The period for furnishing the certified copy of the earlier application shall be three (3) months from the date of the request of Registrar. Where the certified copy of the earlier application has already been furnished for another application, the applicant may respond by making a reference to that other application.

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 of the Registrar, furnish Khmer translation text of the earlier application.

7- Unless the Registrar requests otherwise, the earlier application and any translation thereof shall be filed in one (1) copy.

C- Information Concerning Corresponding Foreign Application and Patent

1. At the request of Registrar, applicant shall provide the date and number of any application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed at the DIP

2. Applicant shall, at the request of the Register, provide the following documents relating to one or more of the foreign applications:

a- a copy of any communication received by the applicant concerning the results of any search or examination carried out in respect of application;

b- a copy of the patent granted on the basis of the foreign application;

c- a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.

3. Applicant shall, at the request of the Registrar, provide a copy of any final decision invalidating the patent granted on the basis of the foreign application.

D- Time for Furnishing Information Concerning Corresponding Foreign Application and Patent

Time for furnishing information concerning corresponding of foreign application shall be indicated as the followings:

1- The time limits to be specified for furnishing the information 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.

2- If the applicant replies that the documents requested by Registrar are not yet available, the Registrar may suspend the procedure for the examination of the application until such time as the documents are furnished.

E- Withdrawal  and Amendment of Application

Withdrawal and amendment of application shall be executed as following:

1- The application can be withdrawn by written declaration submitted to the Registrar and signed by each applicant.

2- The fee related to the application shall not be refunded if the application is withdrawn.

3- Any amendment shall be made by writting together with the payment of the prescribed fee.

F- Language

1- Application and related document should be in Khmer (National language of Cambodia), or

2- Where the application and documents were in Khmer or in languages other than English, it should be translated in to English for the purpose of searching and examination, and shall submit to the Registrar within six (6) months from the filling date.

3- Application and related documents in English is acceptable at the time of filing, but applicant should submit the Khmer version later. Application Form (No. 1P/UM) in Khmer should be submitted within three (03) working days. The remaining of related documents in Khmer should be submitted within 6 months from the date of filling.

G- Number of Documents and Physical Requirements

1- The application and any accompanying statements or documents shall be submitted to the Registrar in three (3) copies. However, the Registrar may require the applicant to supply additional copies as it is necessary.

2- All elements of the application shall be so presented as to admit direct reproduction by photography, electrostatic processes, photo offset and microfilming.

3- Only one side of each sheet contained in the application shall be used.

4- All elements of the application shall be on paper which is flexible, strong, white, smooth, non-shiny and durable.

5- The size of the sheets shall be A4 (29.7cm x 21cm), although the Registrar may accept sheets of other sizes.

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

                        d- other side margin:  2 cm

                        e- bottom margin:  2 cm

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- 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.

9- Drawings shall be executed in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes without colourings.

H- Power of attorney

1- The notarized Power of Attorney shall be accompanied with application or shall submit within two (2) months from the filling date.

2- If the appointment of the notarized Power of Attorney is not made as referred to paragraph (2), any procedural steps taken by the agent, other than the filling of application, shall be deemed not to have been taken.

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