Cambodia officially imposes stricter penalty enforcement on late payment of patent annuity since August 2024    

The Department of Industrial Property (DIP) under Cambodia’s Ministry of Industry, Science, Technology and Innovation (MISTI), formerly known as the Ministry of Industry and Handicraft (MIH), has recently announced modifications to the country’s patent renewal system, which will take effect on Wednesday, August 14, 2024.

These modifications require patent holders to promptly pay renewal fees to MISTI to maintain their patent rights. If payments are delayed, additional penalties will be imposed. Previously, although Cambodia’s patent law included such requirements, they were not strictly enforced, allowing patent holders to renew without a strict deadline or additional fees. This leniency will soon end.

Under the new regulations, based on the 2023 Prakas (Declaration) on Public Service Fees and Prakas on Late Fees, DIP of MISTI will allow patent holders to pay renewal fees during a six-month grace period following the expiration of the standard 12-month renewal period. However, a daily late fee of 500 Khmer riels (about US$0.12) will be charged. Additionally, patent holders may opt to pay renewal fees in advance during a three-month pre-payment window.

If renewal fees are not paid by the end of the six-month grace period, the patent will be considered abandoned and invalid. In such cases, patent holders can file a request for restoration during the remaining term of the patent (i.e., before the 20-year term from the patent application filing date expires). The restoration process requires a fee of US$25, plus the accrued daily late fee and any outstanding renewal payments.

The DIP of MISTI held a workshop on February 14, 2024, to provide further details on these changes.

The same changes apply to utility models and plant variety protection.

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