Valid Chinese Invention Patents Can Be Validated in Cambodia by Registration
In September 2017, mainland China State Intellectual Property Office (SIPO) signed a Memorandum of Understanding on Intellectual Property Cooperation with the Senior Minister and Minister of Industry and Handicrafts of Cambodia, which confirmed that valid Chinese invention patents can be registered to become effective in Cambodia. This was a breaking achievement of the Belt and Road strategy in intellectual property cooperation. In March 2018, the SIPO announced that acceptance of application for effectuation of valid Chinese invention patents in Cambodia was officially initiated.
All invention patents applied after January 22, 2003 in China that have been approved by the SIPO and maintained valid till now are eligible to be validated in Cambodia. When filing an effectuation application for a valid invention patent, the applicant is required to submit an application Form, a copy of the patent specification and the patent registry certificate issued by the SIPO, as well as English and Cambodian translations of such documents, etc. After examination conducted by Cambodia Department of Industry and Handicrafts, the patent will be protected in Cambodia and have the same application date and term of protection as the corresponding Chinese patent. That is, a protection for 20 years starting from the date of application in mainland China.
Valid Chinese invention patents may become effective in Cambodia, which is different from other existing modes of sharing patent examination in the world, in that Cambodia directly recognizes the results of patent examination of China in a country-to-country, unilateral, retroactive, and more convenient way.
By direct recognition of the results of patent examinations, Chinese invention patentees can avoid lengthy substantial examination procedures, save application costs, and obtain patent rights and related protection in Cambodia quickly and conveniently. On the other hand, work efficiency can be boosted dramatically and examination costs can be saved in Cambodia. This cooperation is a major step towards the promotion of "going out" of Chinese patents and patent examinations.