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Certificate of Petty Patent
实用新型证书
ໃບຢັ້ງຢືນການອະນຸມັດອະນຸສິດທິບັດ
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 Apply at Intellectual Property Department.
Who needs this
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
Requirements
- a Lao citizen or resident in the Lao PDR, or a legal entity or organization established under the laws of the Lao PDR
- 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
- 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
- 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:
- 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
- shall have a new technical improvement that involves an inventive step which has easier inventive steps than required for a patent
- shall be applicable in industry, handicraft, agriculture, fishery, commerce, services, etc.
Documents — first application
| Document | Note |
|---|---|
| Drawings | if necessary |
| Abstract | |
| Application Form | use the Department's template |
| Power of Attorney | indicate name and address of the applicant's representative in the Lao PDR |
| 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 |
| Receipt for payment of fees and service charges |
Legal framework
- Law on Intellectual Property (2017)
How to submit
- Means of presentation
- At the Authority Offices
- Address of authority
- Intellectual Property Department, Ministry of Science and Technology
- Processing time
- 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.
Validity and renewal
- Has an expiry date
- NO
- Renewal process
- In order to maintain the term of protection, the petty patent owner shall pay annual fees in advance.
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.