Patent applications can be filed with the Department of Industrial Property of the Ministry of Industry and Handicraft.
Applications may claim priority based on an earlier national, regional or international patent application, according to the Paris Convention[18] and the Patent Cooperation Treaty. In such case, the Department of Industrial Property will request a certified copy of the priority application, as well as any search or examination reports or foreign office actions.
The patent application form must be made in Khmer and be accompanied by a description of the invention, one or more claims, one or more drawings when necessary to understand the invention, and an abstract, and be accompanied by payment of the official fee.[19] The descriptions must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person having ordinary skill in the art.[20] If the application claims a prior filing date, a certified copy of the priority application is required[21] and must be submitted within three months from the request’s date by the Registrar.[22] Where a certified copy of the priority documents is in a language other than Khmer, it must be translated into Khmer and be submitted to the Registrar within six months from the request.[23] In addition, an English translation for non-English language documents is also required by the Registrar for the purpose of searching and examination, and must be submitted to the Registrar within six months from the filing date.[24]
The Department of Industrial Property will require the original notarized power of attorney, in case the Cambodian patent agent is appointed to undertake the filing.[25] Further, a notarized statement justifying the applicant’s right is required where the applicant is not an inventor of the claimed invention.[26] The original notarized power of attorney, the statement justifying the applicant’s right and a certified copy of the priority application must be submitted with the application or at a later date. The Registrar will issue a letter requesting these documents within two weeks of filing.
