With the official opening of the China Laos Railway in December 2021, the geographical advantages of the Lao People's Democratic Republic as the only landlocked country of the Association of Southeast Asian Nations are increasingly prominent. This major transportation artery not only improves the infrastructure conditions of the Lao People's Democratic Republic, but also provides a new strategic channel for Chinese enterprises to explore the Southeast Asian market. In this context, understanding the patent system of the Lao People's Democratic Republic has become a compulsory course for enterprises to expand into the Southeast Asian market.

The intellectual property legal system of the Lao People's Democratic Republic has undergone multiple improvements, and the latest revised "Intellectual Property Law" will be promulgated and implemented in 2023. According to the law, the scope of intellectual property protection in the Lao People's Democratic Republic covers seven major categories, including invention patents, utility model patents (locally referred to as "small patents"), and design patents. The protection period for invention patents is 20 years, for utility model patents it is 10 years, and for design patents it is 15 years. It is worth noting that after the 2023 amendment, the provision that small patents and design patents could be extended for 2 years has been abolished.

In terms of patent application channels, enterprises can submit applications in three ways: directly to the China National Intellectual Property Administration of the Lao People's Democratic Republic, claim priority according to the Paris Convention for the Protection of Industrial Property Rights, or enter the national stage through the Patent Cooperation Treaty (PCT). The application documents can be submitted in English, but a Lao language translation must be submitted within 90 days.

The patent examination in the Lao People's Democratic Republic adopts a differentiated process: invention patents need to go through formal examination, publication, substantive examination and other stages, with an average examination period of 42-50 months; Utility model patents and integrated circuit layout designs are exempt from substantive examination, and the examination period is shortened to 12-24 months; The design patent examination cycle is the shortest, only 6-9 months. It is particularly noteworthy that the China National Intellectual Property Administration of China and the Ministry of Industry and Commerce of the Lao People's Democratic Republic have established a patent examination highway (PPH) cooperation mechanism, and Chinese enterprises can apply for accelerated examination in the Lao People's Democratic Republic with Chinese authorized patents.

Intellectual property experts remind that with the trade facilitation brought by the China Laos railway, it is expected that more Chinese enterprises will enter the Southeast Asian market through the Lao People's Democratic Republic. Advance patent layout can not only protect innovative achievements, but also avoid potential infringement risks. It is recommended that enterprises incorporate intellectual property protection into their overall planning when formulating market expansion strategies, fully utilize the patent examination cooperation mechanism between China and Laos, and improve the efficiency of patent applications. (This article is from the official website of Jian Dao www.seetao.com. Reproduction without permission is prohibited, otherwise it will be prosecuted. Please indicate Jian Dao website+original link when reprinting.) Jian Dao website Southeast Asia column editor/Yang Beihua