Patents Laws in Laos
Patent laws in Laos are governed by both national legislation and Laos's commitments under international agreements. Here's a breakdown of the patent system in Laos:
1. Governing Law
The main law governing patents in Laos is the Law on Intellectual Property No. 38/NA, dated November 15, 2017 (amended version).
This law is administered by the Department of Intellectual Property (DIP) under the Ministry of Science and Technology.
2. Types of Patent Protection
Laos offers two main forms of patent protection:
Invention Patents (valid for 20 years from filing date)
Utility Innovation Certificates (simpler patents, valid for 7 years)
3. Patentability Criteria
To be patentable in Laos, an invention must be:
Novel (not disclosed publicly anywhere before the filing date)
Inventive (not obvious to someone skilled in the relevant field)
Industrially applicable
Certain inventions are excluded from patentability, such as:
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for doing business
Inventions contrary to public order or morality
4. Filing Procedure
You can file:
National application with the Department of Intellectual Property in Vientiane
International application via the Patent Cooperation Treaty (PCT) — Laos has been a PCT member since June 14, 2006
Required documents:
Application form
Description, claims, abstract, and drawings (if any)
Power of attorney (if filed through an agent)
Payment of fees
5. Duration and Renewal
Invention patents: Valid for 20 years, subject to annual maintenance fees starting from year 2
Utility models: Valid for 7 years from the filing date (non-renewable)
6. Enforcement
Laos has civil and administrative procedures to enforce patent rights. Remedies may include:
Injunctions
Damages
Seizure or destruction of infringing goods
Criminal penalties may apply in cases of willful infringement.
7. International Treaties
Laos is a member of:
World Intellectual Property Organization (WIPO)
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
ASEAN Framework Agreement on Intellectual Property Cooperation
RELATED Blog
0 comments