Journal

EP patent validation in Laos

Following the Validation Agreement signed between the Laos Department of Intellectual Property (‘DIP’) and the European Patent Office (‘EPO’), European patent holders can now extend their patent protection to Laos without the need for a separate national application, effective 1 April 2025. This makes Laos the sixth country worldwide, and the second in Southeast Asia after Cambodia, to join the European patent validation system.

This milestone was announced following the publication of Instruction No. 0153/MOIC by the Ministry of Industry and Commerce of Laos on 21 February 2025, which officially entered into force on 17 March 2025. The regulation outlines the detailed procedures for implementing the European patent validation process in the country.

The process of validating a European patent in Laos comprises the following key steps:

1. Filing the request with the EPO: When filing a European patent application on or after 1 April 2025, validation in Laos is automatically requested.
2. Payment of validation fees to the EPO: The validation fee must be paid to the EPO within six months of the publication of the European search report. A two-month grace period is available, subject to a 50% surcharge.
3. Publication of the request in Laos: Once the EPO confirms payment of the validation fee, the Lao DIP will publish the request after 18 months from the filing or priority date, if any.
4. Grant and publication of the European patent by the EPO: The EPO completes the substantive examination of the application. If the patent is granted, it is published in the European Patent Bulletin, marking the starting point for validation procedures in participating countries, including Laos.
5. Translation requirements: Patent holders must submit both a Lao translation of the EP granted claims and an English version to the DIP within three months of the EPO’s publication of the patent grant.
6. Publication of the translated claims in Laos: The DIP publishes the translated claims, which provide a provisional protection. These translated claims are binding under Lao law. Any corrections to the translations will only be valid once they are officially published by the DIP.
7. Legal effect in Laos: Once validated, the European patent has the same legal effect in Laos as a nationally granted patent. Protection begins from the date the EPO publishes the patent grant.

If the same invention is protected by both a validated European patent and an existing Lao national patent, the national patent will cease to have effect, unless the European patent is later revoked or opposed.

This marks a significant step forward for patent rights in Laos. By participating in the European patent validation system, Laos benefits from the technical expertise of EPO examiners, who have already conducted a thorough examination of the invention. For companies and inventors, this development brings significant advantages. Instead of navigating both the European and Lao patent systems separately, applicants can now obtain protection in Laos through a single European patent application. This streamlined process reduces administrative burden and helps cut both prosecution time and costs.

Ian Mirandah and Juvelyn Cubilla, Mirandah Asia – Singapore