Patent and Utility Model Agreement
专利与副专利协议
ຂໍ້ຕົກລົງວ່າດ້ວຍ ສິດທິບັດ ແລະ ອະນຸສິດທິບັດ
Summary
This regulation governs the application, examination, grant, and management of patents and petty patents in Laos, with core content clarifying definitions, conditions for grant, and application procedures for patents and petty patents.
Articles
Article ມາດຕາ 1
Article 1 Purpose
This agreement defines principles and regulations regarding the implementation of patent and petty patent work, including the issuance of patents and petty patents, post-issuance procedures for patents and petty patents, representation, and the management body for patent and petty patent work, aiming to implement the Law on Intellectual Property uniformly nationwide, contributing to the national socio-economic development, industrialization, and modernization in a green and sustainable direction.
Article ມາດຕາ 2
Article 2 Patent and Utility Model
Patent is an official document issued by a state organization to protect an invention that has a higher inventive step and can be applied to industrial production, which is an invention using technical methods to create a new product or a new production process to solve a specific problem.
Utility model is an official document issued by a state organization to protect an invention that is a new creation obtained from technical improvement, using a technique not as high as that of an invention, to improve a product or a new production process.
Article ມາດຕາ 3
Article 3 Definition of Terms
The terms used in this Agreement shall have the following meanings:
1. “Applicant” means a person, legal entity or organization that has filed an application for a patent or petty patent, maintenance of term, change of name and/or address, license, assignment, amendment and other proceedings relating to patents and petty patents, or the successor in interest of such person;
2. “Application” means the document filing for a patent or petty patent, maintenance of term, change of name and/or address, license, assignment, amendment and other proceedings relating to patents and petty patents;
3. “Class” means the classification of a patent or petty patent according to the International Patent Classification (revised) for the grant of a patent or petty patent;
4. “Inventor” means a person or group of persons who jointly create or discover an invention or creation;
5. “Division of application” means the division of a single patent or petty patent application into two or more applications by the applicant, each divided application must relate to the invention or creation contained in the original application;
6. “Rightholder” or “Owner” means a person, legal entity or organization having legal rights to a patent or petty patent, an assignee or successor in interest of such person;
7. “Power of attorney” means a written document by which the rightholder or owner grants his rights to one or more persons to act on his behalf;
8. “Principal” means the rightholder or owner of the invention or creation who grants his rights to one or more persons to act on his behalf;
9. “Representative” means a person or lawyer authorized by the owner of the invention or creation having an address in the Lao PDR, or an agent authorized by the owner of the invention or creation from abroad who does not have an address in the Lao PDR, to file a patent or petty patent application or to carry out other proceedings;
10. “Priority date” means the date on which the applicant filed an application for registration abroad, at another office related to intellectual property, or in the Lao PDR, which has prior effect;
11. “Opposition” means the filing of an opposition request by an opponent against a patent or petty patent application that has been published in the Official Gazette on Intellectual Property.
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