Validating Singapore patents in Laos
Singapore granted patents have been recognized in Laos through a Memorandum of Cooperation, providing ease of patent protection and commercialisation in the two countries. We provide below some critical remarks on the matter for your reference.
• On 27 November 2019, a Memorandum of Cooperation (“MOC”) was signed between the Intellectual Property Office of Singapore (“IPOS”) and the Department Intellectual Property of Laos (“DIP”).
• As a follow up to the MOC, IPOS has issued a Guideline to Re-register a Singapore Patent in Laos.
|Benefits||• Singapore patents validated in Laos will have the same legal effects as a corresponding Laos patent.|
• The validation procedure is quite simple and cost effective; that is to say, a patent granted in Singapore will result in a granted Laos patent as long as formality requirements imposed by DIP are met.
• DIP will rely on IPOS’s patent search and examination expertise and services to grant patents in Laos, and thus the validation can shorten the relevant application process towards grant of a patent in Laos.
• The re-registration of Singapore granted patents in Laos will enable ease of access for technology companies into both markets.
The following requirements must be met to validate a Singapore patent in Laos:
• The Singapore patent must be in force at the time of lodgment of re-registration request.
• The Singapore patent must have a filing date on or after 17 Jan 2002
• Required documents:
(i) Notarized Power of Attorney;
(ii) Certified copy of the granted Singapore patent;
(iii) Certified copy of the final specifications of the Singapore patent;
(iv) Certified Laotian translations of the abstract and final specifications of the Singapore patent within 6 months of the lodgment date;
(v) Notarized Deed of Assignment (if the applicant is not concurrently the inventor);
• The Singapore patent must meet the Laotian requirements for patentability (i.e., is new, involves an inventive step, and is industrially applicable).
The Law on Intellectual Property of Laos excludes certain types of the following inventions or utility innovations from patent protection:
• a technical solution which is merely a scientific principle or theory, a mathematical algorithm, or a set of rules for doing business or playing games, provided however, that such subject matter may constitute an element of an invention or utility innovation;
• diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
• plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals provided however, that such subject matter may constitute an element of an invention or utility innovation.
• a technical solution which is contrary to culture and fine traditions of the nation, social orders and morale, damage human, animal or plant life or health or cause serious prejudice to the environment;
• a technical solution which is contrary to security and peace of the Lao PDR.
|Flowchart for validation|
• There are some kinds of fees required for the validation, including but not limited to patent publication fee.
• After re-registration, renewal fees will be payable in accordance with Lao’s regulations, based on the filing date of the Laos patent.