| Benefit Claims, Priority, Electronic Exchange of Documents |
Referenced Items (213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230) |
(214) The Ministry of Industry, Science, Technology & Innovation of the
Kingdom of Cambodia is Accelerating Patent Grants Based on the
Issuance of a Corresponding U.S. Patent
On October 21, 2020, the United States Patent and Trademark Office and
the Ministry of Industry, Science, Technology & Innovation of the Kingdom
of Cambodia (MISTI) signed a worksharing arrangement that provides U.S.
patent holders with the option of utilizing a simplified and expedited
process for obtaining a patent grant in the Kingdom of Cambodia.
Disruptions to operations due to the COVID-19 pandemic delayed the
launch of the program until earlier this year. This arrangement allows U.S.
patent holders who have a pending application for a corresponding patent at
the MISTI to request that the MISTI's Department of Industrial Property
(DIP) grant the applied-for patent without conducting a substantive
examination. The MISTI has published the guidelines for participating in
the Accelerated Grant of Patent Applications Program implemented by this
arrangement on the DIP website at www.cambodiaip.gov.kh.
The program is scheduled to remain in effect until October 21, 2025.
Additional details about the program, such as the related requirements
and procedures, are included in the attached document provided by the
MISTI.
October 22, 2021 ANDREW HIRSHFELD
Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
- unofficial translation -
Kingdom of Cambodia
Nation Religion and King
*****
Ministry of Industry, Science, Technology & Innovation
No. 079 MISTI/2021
PRAKAS
on
An accelerated Patent Grant
under the Cooperation with the United Sate Patent Trademark Office
related to the patent application in Cambodia
SENIOR MINISTER, MINISTER OF THE MINISTRY OF INDUSTRY, SCIENCE,
TECHNOLOGY & INNOVATION
COOPERATION FOR ACCELERATED GRANT
OF PATENT APPLICATIONS IN CAMBODIA
- Having seen the Constitution of the Kingdom of Cambodia;
- Having seen the Royal Decree No. NS/RKT/0918 /925 dated
September 06, 2018 on the appointment of the Royal Government of
the Kingdom of Cambodia;
- Having seen the Royal Degree N° NS/RKT/0320/421 dated March 30,
2018 on the nomination and revision of Government composition of
the Royal Government of Cambodia;
- Having seen the Royal Kram N° NS/RKM/0618 dated June 28, 2018
promulgating the law on organization and functioning of the Council
of Ministers;
- Having seen the Royal Kram N° NS/RKM/0320/009 dated March 26, 2020
promulgating the law on the establishment of the Ministry of
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US PATENT AND TRADEMARK OFFICE |
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Industry, Science, Technology & Innovation;
- Having seen the Royal Kram N° NS/RKM/0103/005 dated January 22,
2003 promulgating the law on the patent and utility model
certificates and industrial designs;
- Having seen the Royal Kram N° NS/RKM/1117/016 dated November 22,
2017 promulgating the amendment of Article 37, Article 38, Article
109 and article 136 of the law on the patent, utility model
certificates and industrial designs;
- Having seen the Sub-Degree N° 48 ANKR.BK dated April 06, 2020 on
organization and functioning of the Ministry of Industry, Science,
Technology & Innovation;
- Pursuant to the necessary of the Ministry
DECIDE
SECTION 1
GENERAL PROVISION
Rule 1.-
This Prakas regulates an accelerated patent grant under the cooperation
for accelerated grant of patent application in Cambodia-related patent
application from the United State Patent Trademark Office (USPTO) and, in
accordance with the law on patent and utility model certificates and
industrial designs and the law on the amendment of Article 37, Article 38,
Article 109 and Article 136 of the law on the patent, utility model
certificates and industrial designs.
SECTION 2
THE ACCELERATION PATENT GRANT
Rule 2.-
The accelerated patent grant under cooperation for accelerated grant of
patent application in Cambodia-related patent application from United State
Patent Trademark Office shall be made at the Department of Industrial
Property of the General Department of Industry of the Ministry of Industry,
Science, Technology & Innovation.
Rule 3.-
Applicant can request for an accelerated patent grant for patent
applications that had been filed with the Department of Industrial Property
of the General Department of Industry of the Ministry of Industry, Science,
Technology & Innovation, by using search and examination results made the
United State Patent Trademark Office.
Rule 4.-
The request for an accelerated patent grant can be used only for the
patent application that had been filed at Department of Industrial Property
of The General Department of Industry of The Ministry of Industry, Science,
Technology & Innovation that has following criteria:
1- A patent application validly claiming priority under the Paris
Convention based on the corresponding USPTO patent application; or
2- A patent application that serves as the basis for validly claiming
priority under the Paris Convention of the corresponding USPTO
patent, including a PCT patent application that entered the
national phase, or
3- A patent application that is based on the same patent application
for claiming priority under the Paris Convention, as the
corresponding USPTO patent application, including a PCT patent
application that entered the national phase.
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Rule 5.-
For request for an accelerated patent grant, applicant shall be followed
by the Form as attached in Annex 1 and shall fulfill as following:
a- Title of the invention;
b- Date of filing;
c- Patent Application number;
d- Applicant name;
e- Patent application corresponding to USPTO;
f- A attached documents shall accompany the following:
i- A copy of the corresponding USPTO patent application,
which had been published in patent gazette in USPTO patent
application and with USPTO certified;
ii- Translation of claims and specification described in the
patent gazette in Khmer language. Applicant may submit
this translation within (6) six months of the date on
which the request for the facilitating Patent Grant of
Cambodia-related patent application was filed.
iii- Claims correspondence table
Rule 6.-
The request for an accelerated patent grant can be accepted only for the
patent application corresponding to patent application filed at USPTO that
has following criteria:
1- There must be a USPTO patent application that has the same
earliest date as the patent application filed at Ministry of
Industry, Science, Technology & Innovation on which Acceleration
is requested;
2- The corresponding USPTO patent application has been determined to
be patentable by the USPTO;
3- Shall have the claims in the patent application that had been
filed at the MISTI and in which one or more claims in the
corresponding to USPTO patent application determined to be
patentable by the USPTO.
Rule 7.-
The request for an accelerated patent grant under the cooperation for
accelerated grant of patent application in Cambodia-related patent
application from the United State Patent Trademark Office (USPTO) under
this Prakas is free of charge.
SECTION 5
FINAL PROVISION
Rule 8.-
Any provision that its meaning contrary to this Prakas shall be
considered as null and void.
Rule 9.-
Chief of Cabinet, Director General, General Inspector, Chief of Center,
Director of Department of Industrial Propert, Director of Legal Department,
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all Institutions under the Ministry of Industry, Science, Technology &
Innovaion, All Directors of the Municipal-Provincial Departments of
Industry, Science, Technology & Innovtion shall have duty to implement this
Prakas from the date of signing.
Phnom Penh, March 29, 2021
Senior Minister,
Minister of the Ministry of Industry, Science, Technilogy & Innovation
Kitti Sattha Pandita CHAM Prasidh
CC:
- Cabinet of Samdach Akka Moha Sena Padei Techo Prime Minister
- Cabinet of Samdach Kralahom Deputy Prime Minister
- Council of Ministers
- Ministry of Economic and Finance
- All Ministries, Institutions concerned
- Municipality, Provincial Halls
"for information"
- As Rule 9 "for implementation"
- Document-Achieve
[1492 OG 519]