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Laos

Legal basis
  • Decree on Patent, Petty Patent and Industrial Designs No 01/PM dated January 17th, 2002.
  • Regulation the Implementation of Patent, Petty Patent and Industrial Designs No 322/STEAPMO dated February 18th, 2003.
  • Law on Intellectual Property No 08/NA dated December 24th, 2007.
Major international treaties signed
  • Patent Co-operation Treaty
  • Paris Convention
Average time to obtain a patent About 48 months for the PCT national phase filings
About 60 months for the Convention and Direct filings
Official language for patent prosecution English
Non-patentable subject matter Available
Non-patentable subject matter (i) discoveries, scientific theories and mathematical methods;

(ii) schemes, rules or methods for doing business, performing purely mental acts or playing games;

(iii) methods for treatment of the human or animal

(iv) inventions which are contrast to the public order of the national cultural morality
Grace period for pre-filing sale or public disclosure Up to 12 months before the first filing
Major prosecution events (calculated from priority or filing date)
Event PCT-National Phase Non-PCT
 Lodging patent application 30 months 12 months
Payment for Annual Fees Every year Every year
Renewal (after grant) Every year Every year
Extension of deadlines (i)    03 months for responding to Office Actions
(ii)   03 months for Search and Examination events
(iii)  03 months for most other deadlines
Pharmaceutical Data Exclusivity Laws Not available
Parallel Imports Allowable
Term of patent 20 years
Patent term extension Not available
Restoration of lapsed Patent No specific provisions are present
Search and Examination Local Examination of patents is not compulsory. Search and Examination reports established in other countries or during PCT International phase can be relied upon for the purpose of patent grant in Laos.
Other forms of patents (e.g. petty/innovation patents) Utility model
Useful links www.mirandah.com
Dispute Resolution
  1. Reconciliation;
  2. Mediation;
  3. Administrative remedies;
  4. Remedy through Economic Dispute Resolution Committee;
  5. Judicial Actions to People’s Courts;
  6. International dispute settlement.
Specialised courts for IP No
Outline of the enforcement steps

1. Order the infringer to desist from an infringement;

2. Order the suspension of Customs procedures;

3. Order the seizure of goods to prevent the entry into the channels of commerce of imported goods that involve the infringement of an intellectual property right, immediately after customs clearance of such goods;

4. Order a declaratory judgment of infringement;

5. Order the infringer to pay damages adequate to compensate;

6. Order the infringer to pay the right holder expenses, which may include appropriate attorney’s fees;

7. Order that goods that have been found to be infringing, be destroyed or otherwise disposed of in such a manner that such goods will not enter channels of commerce;

8. Order that materials and implements the predominant use of which has been in the creation of the infringing goods be disposed of outside the channels of commerce in such a manner as to minimize the risks of further infringements.

Relief against groundless threats Not available
Declaration of non-infringement Not available
Preliminary injunctions Available
Time frame for various legal actions Infringement proceeding: 12-24 months
Availability of damages and other relief for infringement
(i) Injunction
(ii) Loss of revenue
(iii) Account of profits
(iv) Attorney’s fees and other expenses for litigation