what is Patent ?

A patent is mean the title granted to protect an invention.

  • invention” means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology.
  • An invention may be, or may relate to, a product or a process.

I- An invention is patentable if it:

  • is new;
  •  involves an inventive step; and
  • is industrially applicable.
Is new

An invention is new if it is not anticipated by prior art.

Prior art shall consist of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention.

For the purposes of the 2nd paragraph of this Article, disclosure to the public of the invention shall not be taken into consideration:

  • if it occurred within twelve (12) months preceding the filing date or, where applicable, the priority date of the application; and
  • if it was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.
Involves an inventive step

An invention shall be considered as involving an inventive step if, having regard to the prior art relevant to the application claiming the invention and as defined in the 2nd paragraph of Article 6 of this Law, it would not have been obvious to a person having ordinary skill in the art.

Is industrially applicable

An invention shall be considered industrially applicable if it can be made or used in any kind of industry.

II- The following inventions, shall be excluded from patent protection:

  1. discoveries, scientific theories and mathematical methods.
  2. schemes, rules or methods for doing business, performing purely mental acts or playing games.
  3. methods for treatment of the human or animal body by surgery or therapy, as well as diagnostic methods practiced on the human or animal body; this provision shall not apply to products for use in any of those methods.
  4. pharmaceutical products as provided in Article 136 of this Law.
  5. plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals.
  6. Plants varieties.
  • The inventions, the commercial exploitation in the Kingdom of Cambodia of which would be contrary to public order or morality, or would not be protected human, animal or plant life or health, or would cause serious prejudice to the environment, or prohibited by law, are excluded from patentability.