China: 中国老挝知识产权领域合作迈入新阶段

Last Updated: 22 May 2019
Article by AFD China Intellectual Property

2018年4月2日,中国国家知识产权局局长申长雨与老挝国家科技委员会主席、科技部副部长洪潘·因塔拉在老挝万象共同签署了《中华人民共和国国家知识产权局与老挝人民民主共和国科技部知识产权领域合作谅解备忘录》。根据该谅解备忘录,老挝将对中国发明专利审查结果予以认可。此谅解备忘录的签署也标志着近年来中老双方在"一带一路"知识产权合作、中国-东盟知识产权合作、审查员培训合作等领域取得了诸多积极成果。

备忘录签署以来,各方持续关注,期待 "推进专利授权合作" 相关安排正式落地启动。 20194 29日,国家知 识产权局发布第 307号公告,正式宣布 拥有有效中国发明专利的专利申请人自即日起可在合作框架下为其在老挝科技部知识产权司提交的老挝相关专利申请提出加快专利决定请求

为方便申请人了解相关程序,我们整理了《关于推进老挝相关专利申请授权合作项下提交加快专利决定请求的程序性指南》中的关键部分,供参考。

1. 提交时机:

① 老挝专利申请未授权前

② 中国专利获得授权后

2. 提出请求所需具备的条件

① 中国专利与老挝专利申请"相关",即具有相同的最早日期(无论是优先权日还是申请日)

*可适用的类型众多,比如,中国专利系老挝专利申请的优先权、老挝专利申请系中国专利的优先权、中国专利与老挝专利申请要求了共同的优先权、中国专利与老挝专利申请是同一PCT国际申请的不同国家阶段申请等。申请想要具体了解,可详见国知局公告。

② 老挝专利申请权利要求与中国国家知识产权局授予的相应中国专利申请中的一项或多项权利要求相同

*删除中国授权专利的部分权利要求可被视作"相同权利要求",但引入了新的或与中国授权的权利要求不同类别的权利要求则将被认为"不相同"。

3. 应提交的文件

① 加快专利决定请求书

② 相应中国专利申请的专利公报副本一份

③ 相应中国专利的专利登记簿副本一份

④ 专利公报中权利要求和说明书的英文和老挝文译本一份

⑤ 权利要求对应表:若因删除权利要求导致数量不一致需说明

⑥ 权利要求的修改

上述文件若不符合形式要求,存在缺陷,老挝科技部知识产权司会下发通知书,申请人可多次补正、修改。不过申请人需特别注意,若加快专利决定请求被批准,老挝科技部知识产权司不会书面告知申请人,将根据推进老挝相关专利申请授权合作的有关要求尽快为该专利申请授权。

此外,加快专利决定请求最好在申请日或优先权日32个月届满之后再行递交,否则提交的相关文件将被视为老挝知识产权法第41条规定的其他机构出具的检索或审查报告副本,而不能实际达到加速授权的结果。

以上是中老专利授权合作的内容概要,希望对大家进行专利布局有所帮助。

专利保护的地域性决定了申请人若想在不同国家、地区获得专利保护,则需要向不同国家提出专利申请。随着中国创新能力的日益提高、审查水平的不断强化,中国审查结论也得到了越来越多国家的认可,先有香港、澳门地区,再有柬埔寨、老挝,随着中国的影响力的不断扩大,中国申请人"走出去"必将越来越便利。

如果您有向老挝申请专利的需求,不妨考虑加速程序,争取尽快获得授权。我们也愿意为您提供专业的代理服务。

资料来源:http://www.cnipa.gov.cn/zfgg/1139022.htm

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