Domestic or foreign individuals, legal entities and organizations may apply for a patent, petty patent, or registration of their industrial property with the Ministry of Technology and Science or with an international intellectual property registration organization to which the Lao PDR is a party.
Any individual, legal entity or organization residing in a foreign country, who wishes to apply for the registration of an industrial property, shall appoint an authorized representative in the Lao PDR.
The applicant without business premises or residence in the Lao PDR shall appoint an authorized representative in the Lao PDR to carry out transactions related to intellectual property in the Lao PDR.
Patents and petty patents are registered with MOST.
Applications for Patent or Petty Patent
An application for a patent or petty patent shall include the following documents:
- a request for a patent or petty patent;
- if the applicant is represented, a power of attorney and the name and address of the applicant’s representative in the Lao PDR;
- description that discloses the invention or utility innovation in such clear and complete terms as to enable a person of ordinary skill in the relevant field of technology to understand and exploit the invention or utility innovation; the description shall disclose the best mode for making or using the invention or utility innovation;
- claims that clearly specify the subject matter to be protected and are supported by the description;
- drawings (if needed to understand the invention);
- receipt for payment of fees.
- The application may include a claim for priority as provided in this Law (if applicable).
An application for a patent or petty patent shall relate to one invention or utility innovation only or a group of related inventions or utility innovations so linked as to form a single inventive concept as per the international classifications.
The Ministry of Science and Technology shall accept the application and assign a filing date to an application that contains, at a minimum:
- the name, address and nationality of the applicant;
- the name of inventor of the invention or utility innovation;
- description of the invention or utility innovation;
- filing fee as per regulations.
If any individual, legal entity or organization wishes to obtain a patent or petty patent, shall satisfy all specified requirements within the times set by the Ministry of Science and Technology.
An application for a patent, petty patent, or industrial design (industrial designs are discussed in the following section) may also contain a claim for priority. If priority is claimed, the applicant must submit a copy of the application on which the priority claim is based, certified as correct by the authority that received the application and showing the filing date. Such documents do not require any authentication, and can be filed, without fee, at any time within three months of the filing of the application in Laos. Any person, legal entity, or organisation can apply for a patent or petty patent. A person, legal entity, or organisation residing in a foreign country, however, must be represented by an authorised representative in Laos (i.e., an IP agent). The application can be filed in either English or Lao. However, application documents submitted in English must be translated into Lao within 90 days from the application filing date. The translation must be certified to be a correct translation.