An invention is defined in the law as “an idea of an inventor which permits in practice the solution to a specific problem in the field of technology” and may be, or relate to, a product or a process.[1] Any invention can be the subject of a patent, except for:[2]
- Discoveries, scientific theories and mathematical models;
- Schemes, rules or methods for doing business, performing purely mental acts or playing games;
- Methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body; this provision does not apply to products for use in any of these methods;
- Pharmaceutical products;
- Plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals;
- Plant varieties.[3]
Computer software is patentable if it is a:[4]
- Process invention, which in whole or in part, consists of steps that are performed by computer and are directed by a computer; or
- Product invention consisting of elements of a computer-implemented invention, including in particular:
- Machine-readable computer program codes stored on a tangible medium such as a floppy disk, computer hard drive or computer memory; and
- A general-purpose computer whose novelty over the prior art arises primarily due to its combination with a specific computer program.
Novelty
The first requirement for an invention to be patentable is that it be a new invention, meaning it is not anticipated by prior art.[5]
Prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention. Disclosure to the public of the invention shall not be taken into consideration:[6]
- If it occurred within twelve months preceding the filing date or, where applicable, the priority date of the application; and
- If it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.
Inventive Step
Second, an invention must involve an “inventive step.”[7] An invention involves an inventive step if, having considered the prior art, it would not have been obvious to a person having ordinary skill in the art.
Industrial Applicability
Third, an invention must be industrially applicable, meaning it can be made or used in any kind of industry.[8] However, if the commercial exploitation of the invention would be contrary to public order or morality, or would be harmful to human, animal, or plant life or health, or would seriously prejudice the environment, or is prohibited by law, then it cannot be patented.[9]
Utility Model Certificates
Utility model certificates in Cambodia are a special form of patent, with a lower standard of registerability and shorter duration term. Whereas a patent must be new, involve an inventive step and be industrially applicable, a utility model need only be new and industrially applicable.[10] Whereas a patent expires twenty years after filing, a utility model certificate expires after seven years, with no possibility of renewal.[11] Applicants may, prior to grant or refusal, apply for their patent application to be converted into a utility model application, and vice versa.[12] The conversion may only be done once.[13]
