Laos: Accelerating patent application prosecution

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Laos: Accelerating patent application prosecution

While an amended version of the Lao Law on Intellectual Property took effect in June 2018, patent applicants can still be frustrated by the lengthy application pendency in the Lao Department of Intellectual Property (DIP) of the Ministry of Science and Technology. There are, however, several ways to accelerate Lao patent prosecution.

Laos participates in the ASEAN Patent Examination Cooperation (ASPEC) which allows applicants for patent protection in other ASEAN patent offices to save cost and time when seeking Lao patent protection. There are nine participating ASEAN IP offices (Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand and Vietnam) and ASPEC enables Lao DIP to utilise the search and examination results from any of these IP offices as a reference in the Lao patent prosecution when that IP office has found at least one claim novel and inventive. In this manner, the applicant benefits from expedited prosecution from the time of filing the ASPEC request until grant.

In order to qualify for ASPEC, a patent application filed at the Lao DIP must be a corresponding patent application to one that is filed and examined in another ASEAN patent office. Patent applications are corresponding applications if they are linked by a Paris Convention priority claim (from one to the other or from both to another patent application) or are both national phase entry applications from the same Patent Cooperation Treaty (PCT) application.

In 2016, a second means of accelerating Lao patent prosecution was launched with the Japan Patent Office (JPO). A framework was established by agreement between the Lao Ministry of Science and Technology and the JPO. Under the agreement, when patent applications have been examined and granted at the JPO, patent rights may also be granted to corresponding applications which have been filed in Laos without conducting substantial examinations. Therefore, applicants of Lao patent applications who own patents granted by the JPO can request accelerated decisions on eligibility for grant of the Lao patent applications with the DIP at any time after grant of the Japanese patent.

The requirements are that the designated patent application filed with the DIP must share the same earliest priority date and, like ASPEC, be linked by Paris Convention or PCT priority. In addition, since the designated patent application filed with the DIP requesting validation in Laos must already be a valid patent in Japan, the Lao pending claims must be the same as the claims granted by the JPO.

Providing a further means for accelerating patent grant in Laos, the China National Intellectual Property Administration (CNIPA) earlier this year also announced that, under a memorandum of understanding signed in 2018 to further the IP cooperation between China and Laos under the Belt and Road Initiative and China-ASEAN IP cooperation, patent applicants who own valid Chinese patents may also request accelerated eligibility for grant decisions on Lao patent applications.

Thus, Lao patent prosecution can be accelerated in several ways to reduce filing to grant pendency in Laos using Japanese or Chinese patents or ASEAN patent applications.

collopy-dan.jpg

Daniel Collopy


more from across site and SHARED ros bottom lb

More from across our site

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article