Validation of European Patents in Cambodia effective from March 1st, 2018
As already stated in our February 2017 IP Alert, Cambodia signed a validation agreement with the European Patent Office, allowing extending the effects of European patent applications to Cambodia.
The agreement entered into force on March 1st, 2018.
European Patent Applications or International applications filed on or after March 1st, 2018 can benefit from the validation option. It is not applicable to patent applications filed prior to that date, or for any European patents resulting from such applications.
A validation fee (180EUR) is due for the validation to take effect in Cambodia. The fee is to be paid to the EPO within six months of the date on which the European Patent Bulletin mentions the publication of the European search report, or, in the case of an international application, within the period for performing the acts required for an international application's entry into the European phase. After that period, the fee can validly be paid with a 50% surcharge during a two-month grace period.
Validation is generally governed by Cambodian Patent Law. It is to be noted that pharmaceutical products are currently excluded from patent protection in Cambodia until 2033. However, it is possible to file patent applications relating to pharmaceutical product from now on in Cambodia, but these applications will only be examined after the exclusion has been abolished.
If you have any questions concerning this newsletter, please contact Oliver Tischner.
This IP Alert is for information purposes only and does not constitute legal advice.