Legislative Implementation of Flexibilities - Cambodia

Title:	Articles 18, 30, 31, 32, 36, 38 and 66 of the Law on Patents, Utility Models and Industrial Designs of 22/01/2003
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Article 18

The description shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person having ordinary skill in the art, and shall, in particular, indicate the best mode known to the applicant for carrying out the invention, at the filing date or, where priority is claimed, at the priority date of the application.

Article 30

The applicant shall, at the request of the Registrar, furnish him with the date and number of any application for a patent filed by him abroad ("foreign application") relating to the same or essentially the same invention as that claimed in the application filed with the Ministry in charge of industry.

Article 31

The applicant shall, at the request of the Registrar, furnish him with the following documents relating to one or more of the foreign applications referred to in Article 30 of this Law:

(i) a copy of any communication received by the applicant concerning the results of any search or examination carried out in respect of the foreign application;

(ii) a copy of the patent granted on the basis of the foreign application;

(iii) a copy of any final decision rejecting the foreign application or refusing the grant requested in the foreign application.

The applicant shall, at the request of the Registrar, furnish him with a copy of any final decision invalidating the patent granted on the basis of the foreign application referred to in the 1st paragraph of this Article.

Article 32

Items (i) and (iii) of the 1st paragraph of Article 31 of this Law shall not apply in respect of information relating to the examination of the same international application in another elected Office where the Registration Department established under Article 117 of this Law, is an elected Office in the meaning of Article 83 of this Law.

Article 36

Where the Registrar is of the opinion that the application complies with the requirements

indicated in the Article 35, the Registrar shall take a decision as to whether the

requirements of the 2nd and 3rd paragraph of Article 3, Articles 4 to 9, Articles18 to 20

and Articles 23 to 26 of this Law and the Regulations pertaining thereto are fulfilled.

Article 38

Where the Registrar finds that the conditions referred to in Articles 35 and 36 of this Law

are fulfilled, he shall proceed to grant the patent. Otherwise, he shall refuse the

application and notify the applicant of that decision.

Article 66

The competent Court shall invalidate the patent if the person requesting the invalidation

proves that any of the requirements of the 2nd and 3rd paragraph of Article 3, Articles 4 to

9 and Articles 18 to 20 of this Law is not fulfilled or if the owner of the patent is not the

inventor or his successor in title.