Certificate of Petty Patent
ໃບຢັ້ງຢືນການອະນຸມັດອະນຸສິດທິບັດ
| General information | ||
|---|---|---|
| Type of formality | Certificate | |
| Date of last modification | 27.09.2017 | |
| Responsible Authorities | Intellectual Property Department
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| LSIC | All sectors | |
| Who should complete this business formality? |
The owner of the 'utility innovation' that means a new innovative work derived through technical improvements, which involve simpler steps than with inventions, product improvement, or new manufacturing process and that owner intends to get the full protection over such Invention within Lao PDR |
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| Qualifications needed by the business to get the formality |
According to article 26 of the Intellectual Property Law, persons eligible for protection of industrial property shall be as follows: 1. a Lao citizen or resident in the Lao PDR, or a legal entity or organization established under the laws of the Lao PDR; 2. an individual that is a national of any country which is a member of the Paris Convention or other international agreement relating to the protection of industrial property and of which the Lao PDR is also a member; 3. an individual who is a resident of the Lao PDR or of the territory of any member of the Paris Convention or other international agreement relating to the protection of industrial property and of which the Lao PDR is also a member; 4. an individual, legal entity or organization with a real and effective industrial or commercial establishment in the territory of any member of the Paris Convention or of any other international agreement that relates to the protection of industrial property and of which the Lao PDR is also a member. - A utility innovation eligible for a petty patent shall meet the following requirements: 1. shall be new in the sense that it has not been previously known or used in the Lao PDR within one year prior to the date of submitting an application; 2. shall have a new technical improvement that involves an inventive step which has easier inventive steps than required for a patent; 3. shall be applicable in industry, handicraft, agriculture, fishery, commerce, services, etc. |
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| Additional Comment |
- Any individual, legal entity, or organization residing in a foreign country wishing to apply for industrial property registration shall have a business premise or an authorized representative in the Lao PDR (article 27, IP law) - An industrial property application and any accompanying material may be filed in either the Lao language or in the English language. Provided however, that for any application or document filed or submitted in English, the applicant must, within ninety days of such filing, supply a translation into the Lao language. Such translation must be certified to be a correct translation (article 37, IP Law) - A utility innovation eligible for a petty patent shall meet the following requirements: 1. shall be new in the sense that it has not been previously known or used in the Lao PDR within one year prior to the date of submitting an application; 2. shall have new technical improvement that involves an inventive step which has easier inventive steps than required for a patent; 3. shall be applicable in industry, handicraft, agriculture, fishery, commerce, services, etc. |
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| LEGAL FRAMEWORK | ||||
|---|---|---|---|---|
| Name | Number | Date | Comment | |
| Law on Intellectual Property (2017) | 38/NA | 15.11.2017 | ||
| REQUIRED DOCUMENTS FORMALITIES - First time | ||||
|---|---|---|---|---|
| Name | Comment | |||
| Drawings | if necessary |
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| Abstract | ||||
| Application Form | use the Department's template |
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| Power of Attorney | indicate name and address of the applicant's representative in the Lao PDR |
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| Description of the Invention or Utility Innovation in a clear and complete terms | ||||
| Description for Claims | that clearly specify the subject matter to be protected |
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| Receipt for payment of fees and service charges | ||||
| REQUIRED DOCUMENTS FORMALITIES - Renew | ||||
|---|---|---|---|---|
| Name | Comment | |||
| Mean of presentation | ||
|---|---|---|
| Means of presentation | At the Authority Offices | |
| Address of authority | Intellectual Property Department, Ministry of Science and Technology | |
| Processing Time (Day(s)) | 360 | 1. The Department will conduct a formality examination of each application to ensure that the application is complete and that fees have been paid. 2. After the formality examination, the Department will (i) publish the application in the official industrial property gazette in the 19th month after the date of application submission; and (ii) conduct a substantive examination to determine whether it meets the requirements for patentability as described in Lao PDR laws within the framework of 12 months; provided, however, that if the application has previously been subject to a search or examination by another authority, the applicant may submit a copy of the report from such office to the Department. |
| RENEWAL INFORMATION | ||
|---|---|---|
| Does the formality have a validity or an expiration date? | NO | |
| How long will the formality be valid for? (in months) | 120 | |
| What is the process and conditions to renew the formality? | In order to maintain the term of protection, the petty patent owner shall pay annual fees in advance. | |
| ISSUING FEES | ||||
|---|---|---|---|---|
| Has application fees? | Service fees | Certificate fees | Application fees | Total fees |
| YES | 710000.00 | 0.00 | 100000.00 | 810000.00 |
| Comments |
Refer to the Presidential Ordinance 03/PO Service Fee shall be collected for each steps of the review with the total minimum amount of 710,000 LAK; |
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| RENEWAL FEES | ||||
|---|---|---|---|---|
| Has renewal fees? | Service fees | Certificate fees | Renewal fees | Total renewal fees |
| YES | 1800000.00 | 0.00 | 5750000.00 | 7550000.00 |
| Comments |
Refer to the Presidential Ordinance 03/PO Renewal Fee for the total period of 10 years of validity, calculated in the following rate: (i) 1st year = 200,000 LAK; (ii) 2nd year = 150,000 LAK; (iii) 3rd year = 200,000 LAK; (iv) 4th year = 300,000 LAK; (v) 5th year = 400,000 LAK; (vi) 6th year = 500,000 LAK; (vii) 7th year = 700,000 LAK; (viii) 8th year = 900,000 LAK; (ix) 9th year = 1,100,000 LAK; and (x) 10th year = 1,300,000 LAK Service fee for the maintenance of the patent validity shall be paid on the annual basis from the 2nd year at the rate of 200,000 LAK |
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