Patent Opposition in Laos
In Laos, the patent opposition system provides interested parties with the opportunity to oppose the granting of invention patents or utility innovation petit patents. This system ensures that the patent granting process is fair and transparent, allowing for the examination of opposition claims and the presentation of supporting evidence. KENFOX, a leading intellectual property firm, can provide expert guidance and support throughout the patent opposition process.
Filing an Opposition
According to Article 13 of Decision 1714/MOST, any interested party has the opportunity to oppose the granting of an invention patent or a utility innovation petit patent within 90 days of the application being officially published in the official gazette for the registration of industrial property.
A Notice of Opposition must be filed with the DIP within 90 (ninety) days from the publication date in the official gazette for the registration of industrial property.
The documents should be completed using the form template provided by the DIP, and the applicable service charges should be paid. The request for opposition to a patent or petty patent application should include the following documents:
- A Notice of Opposition to a patent or petty patent application;
- Supporting documents and evidence to clarify the opposition;
- A notarized Power of Attorney, if the Notice of Opposition is filed through an IP agent;
- Payment receipt for the service charges
Opposition handling processes
The DIP will handle a Notice of Opposition to a patent/petit patent application in the following processes:
- The DIP shall promptly notify the applicant for a patent or petty patent of the opposition upon the receipt of a Notice of Opposition;
- The applicant shall submit his/her explanation along with information and evidence supporting its invention or utility innovation with the Department of Intellectual Property within 60 (sixty) days form the date of the notification regarding the opposition request;
- The DIP shall also make a copy of the notification to the proposer of the objection;
- The DIP shall consider the explanation, information and evidence submitted;
- In the event that the information and evidence of the proposer of the opposition or the applicant for patent or petty patent rights are not complete or unclear, the DIP shall invite both parties to clarify or show additional evidence or information;
- The DIP shall examine the opposition based on evidence in hand, if the applicant for patent or petty patent rights or the proposer of the opposition does not come to clarify or show their evidence or give more information within 60 (sixty) days from the date of the invitation;
- The DIP shall notify the applicant for patent or petty patent rights or the proposer of the opposition the result of examination along with the reasons;
- The DIP shall reject the application for patent or petty patent rights if it is considered that the opposition is reasonable and has sufficient supporting evidence;
- The DIP shall continue to examine the application for patent or petty patent rights if it is considered that the opposition is not reasonable and does not have sufficient supporting evidence;
- In the event that any party does not satisfy the consideration, he/she can make request to the Committee of the Department of Intellectual Property of Final Consideration within sixty days from the date of notification.
Navigating the patent opposition process in Laos requires in-depth knowledge of the legal framework and procedural requirements. KENFOX, with its team of experienced patent attorneys, can provide expert guidance and support throughout the opposition process. Our firm’s expertise in intellectual property law ensures that your opposition claim is effectively presented, maximizing the chances of a successful outcome.
Contact KENFOX today to receive comprehensive assistance with your patent opposition in Laos and protect your intellectual property rights.