CV Sciences Inc (CVSI)

[Wolf-man jack]

Patent Protection

A patent is a territorial right and has its effects only within the national boundaries of the country for which it is granted.

It is vital that you apply for patent protection in the South-East Asian countries of interest to your business, especially if the launch of your respective product/technology on the South-East Asian market is on the horizon. While patents registered in Europe, being territorial rights, have no legal effect in any of the ten countries in South-East Asia, it is worth noting that under the Patent Cooperation Treaty (PCT) it is possible to seek patent protection for an invention simultaneously in several countries by filing a single “international” patent application instead of filing several separate national applications. In South-East Asia, only Myanmar is not a contracting state of the PCT as of November 2016.


https://www.southeastasia-iprhelpdesk.eu/sites/default/files/publications/EN_patent.pdf

Simple Patents

In Cambodia, Indonesia, Laos, Malaysia, the Philippines, Thailand and Vietnam, inventions can also be protected by “simple patents”. Depending on the South-East Asia country in question, the name may differ - Petty Patents (Laos), Utility Models (the Philippines and Cambodia), Utility Innovations (Malaysia) or Utility Solution Patents (Vietnam). Simple patents typically cover products and tools, and rarely cover technologies. These inventions should be novel and industrially applicable. In some cases there are no requirements for an inventive step (Indonesia, the Philippines, Thailand and Vietnam) and in others the degree of innovation required is less with a simple patent (Malaysia and Laos). The process for obtaining a simple patent is generally shorter than in case of standard patents. There is however a reduced term of protection (10 years from the filing date).