Important changes to the annuity system for patents in Cambodia were recently announced, which will require patent applicants and owners to properly and timely make payments in order to maintain their rights. The new rules also apply to utility models and plant variety protection.
Until now, the annuity requirements laid forth in the Patent Law have not been strictly enforced. Thus, patent owners have been allowed to make up any overdue payments at any time, without penalty.
This is now coming to an end.
Following on last year’s Prakas (Declaration) on the Public Service Fees and Prakas on Late Fees, the Department of Industrial Property of the Ministry of Industry, Science, Technology and Innovation (MISTI) organized a half-day workshop on February 14, 2024 to provide further details on the changes.
Going forward, following the expiration of the 12-month annuity period, patent applicants and owners may still pay the annuity during a six-month grace period, subject to a daily late fee of 500 Khmer Riels (approx.. USD 0.12).
Further, annuities may be paid in advance during a 3-month pre-payment window. If the annuity has not been paid by the end of the grace period, the patent will be considered as abandoned and invalid. However, the patent owner may still request for restoration at any time for the remaining life of the patent (20 years from application date). A restoration fee of USD 25, as well as the daily late fee and regular annuity amounts would be due.
The changes come into effect on Wednesday, 14 August 2024 (six months from the workshop date). Until then, applicants and patent owners may still pay any annuities due or past due without any late fees or restoration charges.