1. Is there any limitation to the number of claims for inventions and utility models?
Kenfox: No, there isn’t. However, there will be additional fees for claims over the 10th one.
2. Is there any limitation to the pages of the patent documents? Will there be any extra cost if the pages exceed certain pages?
Kenfox: No, there is no limitation to the pages of the patent documents, and there is no extra cost if the pages exceed certain pages.
3. What’s the needed information and documents? Do they need notarization or legalization? Is the original one required or is the scanned copy enough?
Kenfox:
Requisite Information
– Full name, address and nationality of the inventor and the applicant;
– Title of the invention/utility model/industrial design;
– Country/office, application number, filing date and the international patent classification of the original foreign application from which priority is claimed (if applicable).
Requisite Documents
– Specification consisting of the title, description, Claims and abstract (English version);
– Drawings (if any);
– Original notarized Power of Attorney;
– Original notarized Deed of Assignment (if the applicant is not the inventor)
– Original certified copy of priority documents and English translation thereof (only for applications claiming priority under the Paris Convention).
4. Please indicate the application process and the time taken.
Kenfox: Please see the flowchart for invention/utility model registration in Cambodia for your information
5. Is there any substantial examination?
Kenfox: Yes. Inventions and utility models are subject to substantive examination according to Cambodian regulations.
6. Can the applicant enter Cambodia by PCT or Paris Convention? Or both? Is there any difference of the requirements for entering by PCT or Paris Convention?
Kenfox: The application can file the patent application in Cambodia by PCT or Paris Convention.
– The duration for a PCT patent application to enter Cambodia national phase is 30 months from the priority date.
– The duration for a Paris Convention patent application to be filed in Cambodia is 12 months from the priority date.
– The requirements for entering by PCT or Paris Convention are basically the same. However, unlike PCT applications, for Paris Convention applications, the applicant must submit an original certified copy of priority documents and the English translation thereof.
7. Is multiple dependent and multiple independent claims acceptable?
Kenfox: Yes, it is acceptable.
8. To claim priority, should we provide you with priority document or DAS code? Do you need the original priority document or scanned copy is enough? Any notarization or legalization?
Kenfox: To claim priority, an original certified copy of priority documents must be submitted to DIP. Neither notarization nor legalization is required.
9. Will there be any certificate? Is it a paper one or electronic one?
Kenfox: Yes, if an invention or utility model is allowed for grant of a patent certificate, DIP will issue a paper certificate (not an electronic certificate).
10. What language is required to file patent applications? Are the requirements the same for PCT applications and Paris Convention applications?
Kenfox: The Khmer translation of a patent specification is required to file a patent application in Cambodia.The requirements are the same for PCT applications and Paris Convention applications.
11. For how many years will an invention and utility model certificate be valid after being granted?
Kenfox: Whereas an invention certificate is valid for twenty (20) years from the filing date of the relevant application, a utility model certificate is valid for seven (7) years, with no possibility of renewal.
12. The specific requirements for validation of European patents in Cambodia?
Kenfox: For validation of European patents in Cambodia the following documents are required:
1. Full name, address and nationality of the applicant;
2. Full name, address and nationality of the inventor;
3. Country/office, application number, filing date and the international patent classification of the original foreign application from which priority is claimed (if applicable);
4. Specification consisting of the title, description, claims, drawings and abstract (English version);
5. Notarized Power of Attorney;
6. Granted European Patents (Notarization/Certification is required for the copy of Granted European Patents).
Procedure
A procedure before the EPO and the MIH
13. If our client has an Invention patent in China, it is authorized and it is still valid, according to the patent cooperation model between China and Cambodia, this patent can be registered directly in Cambodia, right?
Kenfox: Yes. For your further information, in this case, firstly, a convention patent application still must be filed to Cambodia DIP claiming priority rights from the earlier Chinese patent application under the Paris Convention. After such filing, once a copy of the patent certificate as granted in China to the Chinese patent application is submitted to Cambodia DIP, Cambodia DIP will immediately grant a Cambodian patent certificate to the relevant patent application in Cambodia based on such Chinese patent certificate
14. To validate Chinese Granted Patent in Cambodia, what materials needed? How long will it take?
Kenfox: Required documents to validate Chinese Granted Patent in Cambodia:
1. A request (application), the application form is required to file in Khmer version. Thus, we will do it for you;
2. A description;
3. One or more claims;
4. An abstract;
5. One or more drawings (where required);
6. Notarized Power of Attorney;
7. Simply sign of Deed of Substitution; and
8. Notarized Deed of Assignment.
9. Granted certificate in China
• Procedure: If patent has not been granted in China, the MIH will request the China to do substantive examination, in case the patent has been granted in China, the MIH also granted without do substantive examination.
• It may take roughly 01-02 months.