IPOS has announced that a Singapore patent can be re-registered as a patent in Cambodia. It is therefore now possible to obtain a Cambodian patent on the basis of a patent that has already been granted in Singapore.

The process is straightforward and may be worth considering for applicants who have commercial interests in the Kingdom of Cambodia.

An application for registration of a Cambodian patent may be filed at any time during the term of the Singapore patent.

One of the requirements is that the Singapore patent must be in force in Singapore at the time of re-registration in Cambodia. It is not possible to file an application for re-registration on a Singapore patent application, before it has been granted.

There is no substantive examination of such re-registered patents. Provided the required documentation is filed with the Ministry of Industry and Handicraft (MIH) in Cambodia, a Certificate of Grant will be issued for the Cambodia patent by the MIH acting as the Cambodian Patent Office.

The documents required to re-register a Singapore patent in Cambodia include an application form, an additional information sheet, a certified copy of the Certificate of Grant of the Singapore patent, a certified copy of the specification of the Singapore patent as granted and a power of attorney in Cambodia for the appointment of a local agent.

Where the applicant is not the inventor of the Singapore patent, a copy of Patents Form 8 will also need to be submitted. Patents Form 8 is a “statement of inventorship” filed in a Singapore patent application, which sets out the identity of the inventor and explains how the applicant derived its rights to the invention from the inventor.

The official fee for filing the application is reasonable, but there is an excess claims fee to be paid for each claim over 10 in the Cambodian patent.

Once granted, the Cambodian patent is independent of the Singapore patent. For example, the patentee needs to pay renewal fees to keep the patent alive in Cambodia once it is registered.

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