Guidelines for Recognition of European Patents in the Lao PDR (Under the European Patent Recognition Agreement)

Article

Lao People's Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Industry and Commerce No. 015/MOIC
Vientiane Capital, March 1, 2025

Guideline
On Recognition of European Patents in the Lao PDR

Under the Agreement on Recognition of European Patents

- Pursuant to the Law on Intellectual Property No. 50/NA, dated November 20, 2023;
- Pursuant to the Decree on Organization and Operation of the Ministry of Industry and Commerce No. 275/PM, dated September 1, 2023;
- Pursuant to the Submission of the Department of Intellectual Property No. 083/DIP, dated January 23, 2025.

In order to implement the work of recognizing European patents in the Lao PDR in accordance with the Agreement on
Validation of European Patents between the Lao PDR and the European Patent Organization dated 13 May 2024

Regarding the validation of European patents that have been granted by the European Patent Office, aimed at promoting, encouraging
the validation of European patents in the Lao PDR and integrating them into the national socio-economic development.
The Minister of Industry and Commerce issues the following guidelines:

1. Validation of European patents in the Lao PDR under the Agreement on Validation of European Patents
Validation of European patents in the Lao PDR under the Agreement on Validation of European Patents means
the recognition of patents that have been granted by the European Patent Office and officially recognized in the Lao PDR
by the Department of Intellectual Property.

11. Procedure for validation of European patents
1. Validation of European Patents
European patent applications and patents validated in the Lao PDR shall have the same effect and protection as domestic patent applications and patents, as provided for in the Law on Intellectual Property and in accordance with the conditions set out in the Agreement on Validation of European Patents and related regulations.

2. Filing a Request for Validation
The request for validation shall be filed as follows:

1) Filed with the European Patent Office before or after the date on which the Agreement on Validation of European Patents enters into force.

2) After receiving notification from the European Patent Office regarding the request for validation of a European patent, the Department of Intellectual Property shall promptly publish the request for validation in accordance with the regulations.
Conditions for publication of applications are set out in the Decision on Patents and Supplementary Protection Certificates;

3) The applicant for validation of a European patent may withdraw the application at any time; the Department of Intellectual Property shall consider the application withdrawn if notified that the applicant has not paid the fees on time, or if the application is finally refused, withdrawn, or deemed abandoned by the European Patent Office; the Department of Intellectual Property must publish such status.
3. Effect of the application
A European patent application shall have effect

1) A European patent application within the country may claim priority, regardless of the outcome of the examination;
2) A European patent application which has been published by the European Patent Office shall enjoy provisional protection, as from the date on which the translation of the claims into Lao and English has been published in the Official Gazette on Intellectual Property, in the same way as a published patent application in the Lao PDR.

3) A European patent application shall not enjoy provisional protection if the application for confirmation is withdrawn or abandoned.

4. Effect of European patents
A European patent shall have the following effects:

1) A European patent which has been granted shall enjoy the same rights as a national patent.
Pursuant to the Law on Intellectual Property, from the date of publication of the grant of a European patent by the European Patent Office, the following shall apply:

2) Within three months from the date of publication of the grant of the patent by the European Patent Office, the patent owner must file a translation of the claims into Lao and English, as prescribed, for publication with the Department of Intellectual Property;

3) In the case of a European patent that has been amended due to opposition or appeal, the patent owner must file a translation of the amended claims into Lao and English, together with payment of the publication fee, to the Department of Intellectual Property within three months from the date of the notification of the amendment by the European Patent Office.
4) Claims: If reference is made to other documents, symbols used in drawings, drawings and such documents, they must be attached to the translation of the claims;
5) The Department of Intellectual Property must publish the full translation of the claims immediately;
6) If the translation of the claims is not filed or the publication service fee is not paid within the prescribed time, the approved European patent shall be considered void, such translation may still be filed for extension or renewal within three months, but the patent owner must pay a penalty of one hundred percent of the publication service fee;
7) In case the approved European patent or European patent application is revoked, which is
Result of opposition, revocation or limitation proceedings at the European Patent Office, Department of Intellectual Property

Article 2. Not granted

European patents granted and European patent applications shall be deemed not to have been granted or to be invalid, and shall not be granted rights

Notice

Same as national patents under the Law on Intellectual Property and not subject to provisional protection as provided in this guideline.

5. Original documents of applications and European patents

Applications and European patents filed in an official language with the European Patent Office are considered original documents when filed in the Lao PDR.

Translated claims filed as provided in this guideline are considered copies.
Original, except in the procedure for revocation of the request, if the Lao translation of the claims results in a scope of protection narrower than that in the original, the original document shall prevail.

The applicant for a European patent or the proprietor of a granted patent may at any time file a corrected translation of the claims, and the corrected translation of the claims in a published European patent application shall have no legal effect until the Department of Intellectual Property publishes the correction to the public.

Any person who, in good faith, uses the invention from serious research and
It shall be deemed that the use of said invention does not infringe the claims or patents specified in the original application. After the amendment takes effect, continued use of said invention in business operations or other needs does not require payment of any compensation.
6. Right of earlier filing date
European applications for which the validation fee has been paid and European patents that have been validated have the same legal effect as domestic applications and patents.
Domestic applications and patents have the same legal effect as validated European patents.
7. Simultaneous protection
In the case where a European patent has been granted and a patent with the same filing date or priority date, which same priority date has provided protection to the same person or their successor in title, the opposition to the patent protected within the country shall have no effect from the date of expiry of the term or from the date of filing the opposition to the European patent or from the date of the final decision, but the decision to grant the European patent remains in force. The European Patent Convention of the European Patent Organization shall not apply.
In the Lao People's Democratic Republic, unless otherwise specified in the treaty

Implementation of the validation of European patents as set out in this Directive.

1. Fees for validation of European patents

Fees for validation of European patents shall be paid as follows:
1) The fee for requesting validation of a patent under this Directive must be paid to the European Patent Office within six months from the date of publication of the European search report in the European Patent Bulletin, or during the period of examination within the European Patent Office;

2) The fee for requesting validation of a patent may be paid within two months after the due date, subject to a surcharge of fifty percent.
The period for publishing the European search results is within six months, but a surcharge of the fee must be paid;

3) For payment of the patent validation fee, the regulations on fees of the European Patent Office shall be followed; the European patent validation fee, once paid, is non-refundable.

2. Fees for maintaining the term of a validated European patent
Fees for maintaining the term of a validated European patent must be paid to the Department of Intellectual Property from the year the European patent is protected and after it has been published.
Fees for maintaining the term of a validated European patent that have not yet been paid,
Within two months from the date of publication in the European Patent Bulletin, the said fee may still be paid within the period specified by the Department of Intellectual Property.

3. Payment of fees in the Lao PDR
Payment of fees related to the validation of European patents shall be made in accordance with the provisions of the Decree on Fees and Services of the Lao PDR as promulgated from time to time.

4. Organization of the implementation of European patent validation work in the Lao PDR
The Department of Intellectual Property shall be the central coordinator with relevant sectors to disseminate, guide, and organize the implementation of this guideline to achieve good results.

5. Effect
This guideline shall take effect forty-five days from the date of signature and shall be published in the Official Gazette.
This guideline covers European patent applications and European patents filed and granted before the date of the Agreement on the Recognition of European Patents between the Lao PDR and the European Patent Organisation, signed on 13 May 2024 and entering into force.