Update to Cambodia’s patent renewals system

30 April 2024

Update to Cambodia’s patent renewals system

Cambodia’s Department of Industrial Property (DIP) of the Ministry of Industry, Science, Technology and Innovation (MISTI, formerly known as Ministry of Industry and Handicraft – MIH) recently announced changes to the country’s patent renewals system, set to take effect on Wednesday, August 14, 2024.

The changes to the patent renewals system entail patent proprietors to promptly provide payments to the MISTI to ensure that patent rights remain in force, or otherwise be required to make payments with additional penalties. Previously, such requirements as set out in Cambodia’s patent law were not applied strictly, and patent proprietors had leeway to provide payments for renewals with no time limit, and without additional fees. However, such a practice is set to cease.

Moving forward, pursuant to the issuance of 2023’s Prakas (Declaration) on the Public Service Fees and Prakas on Late Fees, the DIP of MISTI has stipulated that after the 12-month renewal period of a patent has expired, patent proprietors are still allowed to make payments accordingly during a six-month grace period. However, an additional daily late fee of 500 Khmer riels (approximately US$0.12) shall also be imposed. In addition, if so desired, patent proprietors may choose to pay in advance the renewal fees within a three-month pre-payment window.

Failing payment of the renewal fees at the end of the six-month grace period, the patent shall be deemed as abandoned and invalid. In such a situation, patent proprietors have the option of filing a request for restoration during the remaining term of the patent (i.e. before the end of 20 years from the filing date of the patent application). Restoration of a Cambodian patent entails a restoration fee of US$25, in addition to the late fee calculated daily as above, and any outstanding renewal payments yet to be paid.

A workshop providing details on the changes was organized by the DIP of MISTI on February 14, 2024.

The changes above similarly apply to utility models and plant variety protection.


About the author

 Denise Mirandah

Denise Mirandah

As a Director, Denise Mirandah has played a major role in the international promotion of the company, helping to share the family values of Mirandah Asia and its successful one-stop shop approach to IP with clients all over the world.

Denise has had a passion for IP from an early age and, as the daughter of Patrick and Gladys Mirandah, grew up in a household where IP was discussed regularly. She studied her Bachelor of Laws at the prestigious Cambridge University in the UK. There, she underwent rigorous academic training with the world’s most eminent legal minds, including Professor Bill Cornish, a renowned authority on IP law.

During her summer holidays, she attended Harvard University in the US to hone her drafting skills and familiarise herself with the American legal system, voluntarily working as part of Harvard’s pro bono programme in Boston.

Denise has been admitted to the Bar in Singapore since 2009, and in Brunei as of 2017.

 Hilmi Zaini

Hilmi Zaini

Hilmi Zaini is a patent specialist at Mirandah Asia in Singapore, where he is involved in supporting clients in overcoming objections raised in office actions by registries across the ASEAN region. Zaini is proud to use his experience to advise both local and international clients in various sectors, including pharmaceuticals, biotechnology and semiconductors. He graduated with a Bachelor’s degree in biological sciences from Nanyang Technological University, with a Master’s degree in IP and innovation management from the Singapore University of Social Sciences, with a specialization in patent agency. 

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