Overview of the validation system for Chinese patents in Cambodia. Presented by Abacus IP before the WEN International IP & Technology Transfer Forum in Hefei, China. October 2018.

1. Chinese Patent Validation in
Cambodia: How & Why
Mr. Pheng Thea, Abacus IP
WEN Forum
Hefei City, China
October 16-18, 2018

2. Speaker’s bio
Name: Mr. Pheng Thea
Firm: Abacus IP
Location: Phnom Penh, Cambodia
Email: Thea@abacus-ip.com
Pheng Thea is the co-founder and principal of Abacus IP, a
full-service intellectual property agency in the Kingdom of
Cambodia. A seasoned IP professional, Mr. Pheng is
licensed by the Cambodian Ministry of Commerce’s
Department of Intellectual Property and certified by the
World Intellectual Property Organization.
Prior to founding Abacus IP, Mr. Pheng lead the IP
prosecution practice at a leading Cambodian law firm. His
practice involved the registration and maintenance of
hundreds of trademarks, patents, industrial designs and
other forms of IP on behalf of innovators and businesses
from around the globe.
Mr. Pheng is a graduate of the faculty of law of
Pannasastra University of Cambodia. In addition, he holds
a Certification in Intellectual Property Specialization from
the World Intellectual Property Organization and the
University of South Africa.

3. Patent Legal Framework
• Law on Patents, Utility Model and Industrial Designs (2003)
• Patent Cooperation Treaty (PCT) 08 December 2016
• Law on Amendment on the Article 37, 38, 109 and 136 of the Law on Patents,…. (2017)
• Law on the Ratification of the Agreement on Validation of European Patents between Cambodia
and EPO (2017)
• Prakas on the Re-Registration of Chinese Patent in Cambodia (March 2018)
• Prakas on the Procedures for the Validation of European Patents in Cambodia (Dec 2017)
• Prakas on the Re-Registration of Singaporean Patent in Cambodia (July 2016)
• Prakas on Acceleration of Patent Registration for Japanese Patent Applications (July 2016)
• MOU with SIPO and Singapore, Validation Agreement with EPO, Joint Statement with JPO (CPG)

4. DIP’s Organization Structure
Director
Administrative
Office
PATENT
OFFICE
Industrial
Design
Office
Promotion and
Innovation
Center
Breeder’s Right
Office
Litigation
and
Cooperation
Office
Deputy Director

5. Applications
Total
Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Application
Local 0 0 0 0 0 0 1 2 0 3 0 NA 6
Foreign 13 39 28 26 43 53 74 63 65 65 42 NA 511
Grant
Local 0 0 0 0 0 0 0 0 0 1 0 NA 1
Foreign 0 0 0 0 0 0 0 0 1 9 11 NA 21
Re-Registration of Singapore Patents
Total
Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Application
12 13 14 39
Grant
9 10 13 32
Re-Registration of Chinese Patents
Total
Entitlement Years 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Application
44 44
Grant
23 23
Patent Applications & Granted

6. Non Patentable
• Discoveries, scientific theories and mathematical methods
• 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
• Pharmaceutical products
• Plants and animals other than micro- organisms, and essentially biological
processes for the production of plants or animals
• Plants varieties

7. Conditions for Re-Registration
• Validity
• Filing date on or after 22 January 2003
• Out of non-patentable (previously slide)
• Contrary to the public order or morality, destroy human, animal,
plant life or health, serious prejudice to the environment or
prohibited by law

8. Requirements
1. A request form (No. RRCP)
2. An original POA certified by the China Council for the Promotion of International Trade
3. A certified copy of certificate of the granted Chinese patent issued by SIPO in Chinese
language and its English translation with the certification true and correct translation
by an authorized translator
4. A certified copy of specification of the granted Chinese patent issued by SIPO in
Chinese language and its English translation with the certification true and correct
translation by an authorized translator
• Description, Claims, Abstract, Drawings (if available)
5. Cambodian language translation of items 3 and 4
6. Payment of Filing Fee

9. Application Process

10. Maintaining Registrations
Year Official Fee (USD) Year Official Fee (USD)
1st - 11th 350
2nd 20 12th 400
3rd 20 13th 450
4th 40 14th 500
5th 100 15th 550
6th 140 16th 610
7th 180 17th 670
8th 220 18th 740
9th 260 19th 810
10th 300 20th 890

11. Registration Fee and Annual Fee
• The annual fee in Cambodia should be paid based on
the filing date of the registered Chinese patent
• The registration fee and annual fee shall be paid within
3 months from the date of invitation

12. Payment Annual Fee

13. Rights of Earlier Use
• Not extend to prior use by any person before the date of
registration
• Co-existence with Chinese patent registered in Cambodia
• Can be transferable or handled only with an enterprise or
company

14. Termination of Patent Rights
• The rights to Chinese patent in Cambodia shall not be effected
due to the unpaid fee with SIPO
• The rights to Chinese patent in Cambodia shall be effected after
the expiration of Chinese patent after legal settlement were
terminated
• Legal effect based on the final status of the Chinese patent after
the conclusion of all legal remedial procedures
• Any changes, SIPO shall inform MIH

15. For More Information….
Download @ www.abacus-ip.com

16. Thank You!
Abacus IP
436 Plov Lum, Chamkar Orvleuk
Sangkat Kakab, Khan Posenchey
12406 Phnom Penh
Cambodia
+855 (0)88 8005 400
+855 (0)12 215 129
info@abacus-ip.com