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GUIDES ON REGISTRATION IN LAOS

PATENT AND PRETTY PATENT IN LAOS                                                   TOP

Subject matters of Patent

	Product that shall include machines, electrical or electronic devices and tools;
	Process that shall include method (steps) for producing a product, know-how, acts of using the process.

Subject matters of pretty patent

machines, electrical or electronic devices.

Required Information

1. Name, address and nationality of the applicant;

2. Name, address and nationality of the inventor;

3. Title of the invention/petty invention;

4. Country, application number and filing date of the original foreign application from which priority is claimed (if priority is claimed);

5. International filing number and filing date (PCT applications).

Required Documents

1. Specification consisting of the title, description, Claims and abstract - 02 copies;

2. Drawings (if any) - 02 copies;

3. Notarized Power of Attorney;

4. Notarized Deed of Assignment if the applicant and the inventor are not the same;

5. Certified copy of the priority document(s) and its (their) English translation (if the language of priority documents is other than English);

6. A copy of Search Report issued by any body of patent examination of foreign country or by any International searching authority and may be under the consideration of the Registration Unit (if available).

General Information

	Failure to submit such a search report with the patent application, Lao Patent Office shall co-ordinate with any body of patent examination of foreign country or any relevant International searching authority to conduct the search and the entire expenditure shall be borne by the applicant.;
	Native language of the applicant (preferably English or French) can be accepted at the filing time but the Laotian version should be submitted thereafter;
	Time for claiming priority under Paris Convention is 12 months from the first filing date;
	Time from the filing to granting date is 50 months (as for Patent) and 12 months (as for Petty Patent);
	The validity term of a Patent is 20 years and of a Petty Patent is 07 years from the filing date.

Registration Procedures

	Applications can be filed for registration of trademarks, service marks, collective marks and figurative marks. Laos adopts the International Classification of Goods and Services under the Nice Agreement. Multi-class applications are not accepted in Laos.
	Formality and substantive examination shall be conducted for all trademark applications, within 6 months from the filing date. Upon expiry of such period, if the trademark is found to be of inherent distinctiveness and distinguishable from earlier filed trademarks, the Lao Trademark Department shall grant Certificate of Registration to the mark.

Required information and documents

1. Full name, address and nationality of the applicant;

2. Trademark specimens (20 specimens) with the size not larger than 100mm x 100 mm and not smaller than 50 x 50 mm. Colors can be claimed for the marks provided that the trademark specimens are in color. In case that the trademark includes characters not of English, translation or transliteration of the characters is required;

3. A list of goods/services and the International Classification of respective goods/services (if known);

4. Priority data for claiming priority right under the Paris Convention (if any), including application number, priority date, country. Certified copy of the priority application and the English translation can be submitted later, after filing;

5. A notarized Power of Attorney from the Applicant. The Power of Attorney should identify particular mark(s). One notarized Power of Attorney can be used for filing a single trademark or for several trademarks provided that all the identified marks are filed simultaneously (at the same time).

Protection and Renewal

The term of protection of trademark in Laos is 10 years from the filing date. Trademark registration is renewable for unlimited times, each of 10 years. A registered mark that has not been used by its owner or with its owner's permission for a consecutive period of five (05) years shall be removed from Trademark Registry except in the case of force major. For cases of recordal of any change in respect of the registered mark, such as ownership change, change of the name and address of the trademark owner, amendment of list of goods, or of mark, etc., Affidavit of Use shall be required for submission. Non-use with justifiable reasons may be acceptable for the recordal the trademark owner change and amendments. Any changes in respect of the ownership of the registered mark or registered mark is required to be recorded in Laos to have the change effected.

Required information

1. Name, address and nationality of the applicant;

2. Name, address and nationality of the designer;

3. Title of the design stating the article for which registration is sought;

4. International classification code under the Locarno Agreement. (if available)

5. Date, number of the earlier application, country and applicant, for claiming any convention priority.

Required documents

1. Notarized Power of Attorney;

2. Notarized Deed of Assignment if the applicant and the designer are not the same;

3. 07 sets of pictures/drawings illustrating the design. The pictures/drawings must be represented in the international size A4 (210mm x 297mm) and made in the same scale. There must be as many pictures/drawings of the design as they are taken to show all the different sides of the design (comprising front, back, top, bottom, left, right and perspective views);

4. Detailed description of the design;

5. Certified copy of the first filed application where priority is claimed.

General information

	All the filing documents should be in English or French and the Laotian version should be submitted later, after the filing date;
	Time for claiming priority under Paris Convention is 06 months from the first filing date;
	Time from the filing to granting date is 06 months;
	Only granted design shall be published. It is possible to request for deferment of the publication of the granted design in a period of 12 months from the date of filing or priority date claimed in the application
	The validity term of a Design Patent is 05 years and renewable for two consecutive periods. (15 years in total).

Required documents

1. A original notarized Power of Attorney from the trademark owner;

2. The original or certified copy of the trademark registration(s).

Required documents

1. Trademark registration certificate(s):  certified copy (for licensing) or original copy (for assignment)

2. Original Power of Attorney from both Assignor and Assignee/Licensor and Licensee duly certified by a Notary Public

3. An original or a certified copy of the Assignment Agreement/License Agreement, including appendix or appendices (if any) plus a sworn English translation if the documents are not in English. 

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