PCT Applicant's Guide Cambodia - Valid as from 15 Sep 2023

Applicable as from 15 September 2023

(published on 15 September 2023)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.

RO: RO fees

Consult the full list of the changes

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: Department of Industrial Property (DIP), Ministry of Industry, Science, Technology and Innovation (MISTI) (Cambodia)

PL: Law on Patents, Utility Models and Industrial Designs, 2003

List of currencies used in this document:

KHR (Riel), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Cambodia

Two-letter code:

Name of Office:

Department of Industrial Property (DIP), Ministry of Industry, Science, Technology and Innovation (MISTI) (Cambodia)

Location:

45 Preah Norodom Boulevard
Khan Daun Penh
Phnom Penh
Cambodia

Mailing address:

Same as above

Telephone:

(855) 12 841 882
(855) 12 982 382

E-mail:

adm_dip@yahoo.com

Website:

http://www.misti.gov.kh

Facsimile:

(855) 23 428 263

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail or facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within one month from the date of the transmission if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application

No, only upon invitation in the case of other documents.

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

provided that the delivery service is a recognized delivery service

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

National:

Patents

Utility models

European:

Validation of European patents

For international applications filed on or after 1 March 2018 (refer to OJ EPO 2/2018, A16)

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of one month from the date of receipt of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Cambodia

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Khmer

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Information not yet available

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

CN,

EP,

JP,

SG,

Competent International Preliminary Examining Authority:

CN ¹,

EP ¹,

JP ¹,

KR,

SG ¹

Fees payable to the receiving Office:

Transmittal fee:

420,000 KHR

International filing fee:

1,435 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 USD

Search fee:

Refer to
Annex D(CN)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Annex D(SG)

Fee for priority document (PCT Rule 17.1(b)):

Please refer to the Office

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

Please refer to the Office

Is an agent required by the receiving Office?

Yes

Who can act as agent?

Any patent attorney or patent agent registered before the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date
Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Khmer

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, as amended only), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

A copy is required only if the Office has not received a copy of the international application from the International Bureau under PCT Article 20. This may be the case where the applicant expressly requests an earlier start of the national phase under PCT Article 23(2) or 40(2).

National fees:

Patents

Filing fee

320,000 KHR

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Claim fee for each claim in excess of 10

20,000 KHR

Utility models

Filing fee

160,000 KHR

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Claim fee for each claim in excess of 10

20,000 KHR

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application ² ³

Statement justifying the applicant’s right to the patent ² ³

Evidence of entitlement to claim priority where the applicant is not the applicant who filed the earlier application

Document evidencing a change of name of the applicant if the change occurred after the international filing date ³

Appointment of an agent ⁴

Instrument appointing the agent (authorization or power of attorney)

Verification of translation of international application

Who can act as agent?

Any patent attorney or patent agent registered before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

KH.01 TRANSLATION (CORRECTION)

PCT Art. 46
Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).

KH.02 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KH.I.

KH.03 ANNUAL FEES

PL Art. 46, PL Art. 130
Annual fees are payable before the second and each subsequent anniversary of the international filing date. Payment of annual fees may still be made within six months from the due date, subject to the payment of a surcharge. The amounts of the annual fees are indicated in Annex KH.I.

KH.04 APPOINTMENT OF AN AGENT

The applicant must be represented by an agent in all cases. The agent shall be appointed by filing a power of attorney, signed by the applicant.

KH.05 EXAMINATION

PL Art. 37
The Office carries out formal examination but it does not carry out substantive examination. The Office will take into account:

(i) the results of any international search and examination;

(ii) a search and examination report on the corresponding foreign application furnished by the applicant or a final decision on the refusal to grant the corresponding foreign
application; and

(iii) the results of a search and examination report carried out upon its request by an
external search and examination authority

KH.06 AMENDMENT OF THE APPLICATION

PCT Art. 28, PCT Art. 41
The applicant may, at any time before the patent is granted, make amendments to his application, provided that the amendment does not go beyond the original disclosure.

KH.07 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

KH.08 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

KH.09 REINSTATEMENT OF RIGHTS

PCT Art. 37, PCT Rule 49.6
Reinstatement of rights may be requested where the applicant, in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. Within the said two months, the omitted action must be completed. Please refer to the Office for any fee payable for such request.

KH.10 UTILITY MODEL

PL Art. 69
If the applicant wishes to obtain a utility model instead of a patent in Cambodia, on the basis of an international application, the applicant, when performing the acts referred to in PCT Article 22 or 39(1), shall so indicate to the designated Office.

KH.11 CONVERSION

PL Art. 75
An international application for a patent may be converted into a utility model and vice versa, after the applicant has complied with the requirements for entry into the national phase. Conversion may be requested at any time up to the grant or refusal of the patent or utility model. Please refer to the Office for any fee payable for such request.

Annexes

Annex KH.I - Fees

Patents

Filing fee:

320,000 KHR

Claim fee for each claim in excess of 10:

20,000 KHR

Annual fees:

— for the 2^nd year

80,000 KHR

— for the 3^rd year

12,000 KHR

— for the 4^th year

160,000 KHR

— for the 5^th year

400,000 KHR

— for the 6^th year

560,000 KHR

— for the 7^th year

720,000 KHR

— for the 8^th year

880,000 KHR

— for the 9^th year

1,040,000 KHR

— for the 10^th year

1,200,000 KHR

— for the 11^th year

1,400,000 KHR

— for the 12^th year

1,600,000 KHR

— for the 13^th year

1,800,000 KHR

— for the 14^th year

2,000,000 KHR

— for the 15^th year

2,200,000 KHR

— for the 16^th year

2,440,000 KHR

— for the 17^th year

2,680,000 KHR

— for the 18^th year

2,960,000 KHR

— for the 19^th year

3,240,000 KHR

— for the 20^th year

3,560,000 KHR

Utility models

Filing fee:

160,000 KHR

Claim fee for each claim in excess of 10:

20,000 KHR

Annual fees:

— for the 2^nd year

80,000 KHR

— for the 3^rd year

100,000 KHR

— for the 4^th year

120,000 KHR

— for the 5^th year

200,000 KHR

— for the 6^th year

300,000 KHR

— for the 7^th year

400,000 KHR

How can payment of fees be effected?

All fees must be paid to the Office in Cambodian riels. All payments must indicate the application number
(national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid.

Forms

Please refer to the Office.

Notes:
¹ ^a ^b ^c ^dThe Office is competent only if the international search has been carried out by that Office.
² ^a ^bThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.
³ ^a ^b ^cIf not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.
⁴ ^aIf not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time fixed in the invitation.

Processing

WIPO - PCT Applicant's Guide KH - Cambodia
Department of Industrial Property (DIP), Ministry of Industry, Science, Technology and Innovation (MISTI) (Cambodia)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide KH - Cambodia Department of Industrial Property (DIP), Ministry of Industry, Science, Technology and Innovation (MISTI) (Cambodia)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide KH - Cambodia
Department of Industrial Property (DIP), Ministry of Industry, Science, Technology and Innovation (MISTI) (Cambodia)