Patent and Petty Patent protection in Laos is governed by “Law on Intellectual Property No. 08/NA dated December 24, 2007, Decree No. 01/PM of the Prime Minister on Patent, Petty Patent and Industrial Designs” dated January 17, 2002, and “Regulation No. 322/STEA-PMO on the Implementation of Decree on Patent, Petty Patent and Industrial Designs” dated February 18, 2003.

“Invention” means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. Inventions are classified in two categories that consist of firstly an invention of a product such as machines, electrical or electronic devices, tools and other inventive products; secondly an invention of a process such as a series of steps for producing a product, know-how and other acts of using the process.
“Patents” are granted for any inventions, which are new, involve an inventive step and are industrially applicable.

"Device" means a technical creation utilizing rules of natures. “Petty Patents” are granted for any devices, which are new, are industrially applicable, and relate to the shape or structure of articles or a combination of articles.

The following subject matters are excluded from patent and petty patent protection:

• Discoveries, scientific theories; mathematical methods;
• Schemes, rules and methods for doing business, performing purely mental acts or playing games;
• Methods of treatment of the human and animal body.
   

Patent and Petty Patent Application shall be filed with the Science, Technology and Environment Agency (STEA), and it requires the following documents and information:

• A notarized Power of Attorney from the applicant granting an agent/authorized representative the authority to act on their behalf in the registration process (a scanned copy is acceptable at filing and the original must be submitted within 1 month from the filing date) (click here to download form) ;
• Specification including description, claims, abstract and any necessary drawings;
• A notarized Deed of Assignment from the inventor(s) to the applicant if the applicant and the inventor(s) are not the same;
• Full Name, Address and Nationality of the applicant and inventor(s);
• Information including the International patent classification, the filing date, number of application, and the country of any priority application;
• A copy of the priority application(s) filed by the applicant or his/her predecessor in title duly certified by the Patent and Trade Mark Office receiving the priority application(s) and the sworn English translation in the case the priority application(s) is not in English (should be submitted within three (3) months from the filing date);
• Search report of the invention issued by any patent examiner of the foreign country or by relevant international organization (in the absence of a search report, the STEA shall coordinate with any searching authority of foreign country or any relevant International Organization, and the applicant shall cover all the expenses).
• Information concerning corresponding foreign application and patent:

The applicant shall, at the request of the STEA, provide the data of any application for a patent filed by him abroad relating to the same or essentially the same invention as that claimed in the application filed at the STEA, namely:

• A certified copy of results of any search or examination carried out in respect of
  foreign application issued by International Registry or any State;
• A copy of the patent granted on the basis of the foreign application; or
• A copy of any final decision made by Court or relevant Organization refusing the
  grant of patent requested abroad.

Once complete documentation has been submitted, the process of examination of applications for granting a patent and petty patent may take 50 and 12 months respectively.

Patents shall have the validity beginning on the granting date and expiring at the end of 20 years counted from the filing date.

Petty Patents shall have the validity beginning on the granting date and expiring at the end of 7 years counted from the filing date.

Vintell Patent & Trademark Company provide clients with a full range of patent services, including searching, drafting, filing, prosecution of patent applications, appeals, licensing and assignments, and enforcing patents through negotiation and litigation.