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The Patent Law of Laos, or simply referred to as Patent in Laos, is governed by the Law on Intellectual Property No. 01/NA dated 20 January 2016. This law serves to protect the novelty, innovation, and technological advancements applied for under a patent. The Department of Intellectual Property (DIP) under the Ministry of Science and Technology is the chief managing institution for patent registration and intellectual property rights in Laos. The patent protection typically lasts up to 20 years for successful applicants, and it forbids anyone else from making, using, or selling the invention within Laos without the patentee’s consent.
Applying for a patent in Laos can be complicated due to the technical nature of certain inventions and the complexity of patent laws and regulations. These situations may often require professional legal guidance. You may need a lawyer to comprehensively understand the process, requirements, and implications of obtaining a patent, to handle any disputes or issues arising from your patent rights, or to help when you wish to transfer or license your patent to another party. Also, a lawyer would be needed when seeking legal recourse if your patent is infringed upon.
In Laos, the Law on Intellectual Property No. 01/NA is the governing piece of legislation. As per this Law, a patent can be granted provided the invention is novel, involves an inventive step and can be applied in industries. It's important to note that, the Lao patent law does not protect certain inventions such as discoveries, scientific theories, mathematical methods, plant varieties or any method of treatment by surgery or therapy applied to humans or animals. Furthermore, the patent once granted is protected for twenty years from the filing date. Additionally, if any infringement occurs, the patent holder is allowed to bring the matter to courts or arbitration committee as per Article 140.
Yes. Foreign individuals and entities can apply for patent protection in Laos, but they are required to appoint a local agent to assist with their patent application process.
The standard patent approval process can take between two to three years after the filing date.
If your patent is infringed upon, you are allowed to bring the matter to the courts or an arbitration committee. Legal action can be a complex process, and legal advice is advisable to understand your rights and options.
Yes. Patent laws in Laos permit the transfer or selling of your patent rights to another party. However, this must be done in writing and be registered to be effective.
No. Patents are territorial in nature. A patent registered in Laos is only protected within Laos.
Yes. Laos law does not specifically require a prototype to submit a patent application, but the application needs to provide a fair description of the invention.
As per current Lao laws, patents are protected for twenty years from the filing date and cannot be extended.
As per the Lao Law on Intellectual Property, an invention can be patented if it is new, involves an inventive step, and is industrially applicable.
A standalone software program may not be patentable. However, software as a part of a technical invention may be eligible for protection.
Business methods as such are not considered patentable under the Law on Intellectual Property in Laos.
The Department of Intellectual Property (DIP) under the Ministry of Science and Technology and The Ministry of Commerce and Industry are key organizations to consult for information related to patent registration and laws in Laos. Reference to the Law on Intellectual Property No. 01/NA dated 20 January 2016 can also provide comprehensive knowledge about local patent law.
If you need legal assistance with patents in Laos, you should consider contacting a lao attorney specialized in patent law to guide you through the application process, to understand your rights better, and to handle any disputes that may arise. Soliciting the help of a professional not only eases the process but also ensures you receive adequate protection for your invention.
