Protecting the validity and integrity of patents and petty patents in Laos is crucial for inventors and businesses. In this article, we explore the grounds and procedures for patent cancellation or invalidation in Laos, highlighting the importance of proactive patent use and the potential involvement of third parties. With the expertise of KENFOX, a trusted intellectual property firm, patent holders can navigate the patent cancellation or invalidation process in Laos effectively and safeguard their patent rights.
When to file: After the 90-day opposition period post publication, any interested party may need to wait until the grant of patent and/or petit patent to file a cancellation/invalidation action. A third-party observation is not available in Laos like some other countries.
Grounds for patent cancellation or invalidation in Laos
Grounds for cancelling validity of patents and petty patents in Laos:
Expiry of protection: The term of protection for a patent or petty patent in Laos is limited. If the protection period expires, the patent or petty patent loses its validity and no longer offers exclusive rights to the owner.
Failure to renew and pay fees: To maintain the protection period, patent and petty patent owners must fulfill their renewal obligations by paying the applicable fees and service charges. Failure to do so may result in the termination of the patent or petty patent.
Invalidity of patent: A patent or petty patent may be invalidated if it is found that one or more requirements for protection have not been satisfied. In such cases, the invalidation applies only to the portion of the industrial property that is invalidated. The invalidation takes effect from the grant of the patent, petty patent, or registration.
Failure to commercially exploit: Patent and petty patent owners must actively exploit their patents in commercial activities in Laos. Failure to do so may lead to a cancellation request by third parties within five years from the publication date of the registration. Third parties can argue that the owner's failure to commercially exploit the patent justifies its termination.
A patent and/or petit patent in Laos may be cancelled in two circumstances as follows:
First, proactive patent cancellation or invalidation by the Department of Intellectual Property (DIP)
In certain circumstances, the DIP may initiate administrative cancellation of a patent or petty patent. If the DIP discovers false or misleading information, information concealment, or actions that violate the law during the application review, it has the authority to cancel the patent or petty patent. The DIP will notify the applicant or assignee of the cancellation procedure. If the applicant disagrees, they can request final administrative consideration from the Committee of Final Consideration or seek recourse through the Lao People's Court.
Second, patent cancellation or invalidation at the request of a third party
Third parties have the right to submit a request for patent cancellation or elimination within five (05) years from the date of publication in the official gazette on the registration of industrial property. The request must follow the template provided by the DIP, and the applicable service charges must be paid. The DIP will notify the patent or petty patent owner upon receiving the request. The owner has the opportunity to provide clarifications within sixty (60) days from the date of notification. If the owner does not respond, it is considered that they consent to the cancellation or elimination of their patent or petty patent.
Navigating the patent cancellation or invalidation process in Laos requires comprehensive knowledge of the legal framework and procedures. KENFOX, a reputable intellectual property firm, offers expert guidance and support to patent holders. Our team of experienced patent attorneys can assist in protecting and defending your patent rights, ensuring that you effectively respond to cancellation or invalidation requests and maintain the integrity of your patents in Laos.
Consult with KENFOX today to safeguard your patents and navigate the patent cancellation process with confidence.