Preface

Attention to enterprises that are laying out patents in Laos: What should you do if your patent is challenged for validity due to a technology solution that has not been publicly disclosed on social media, or if it is revoked by a third party due to not being put into commercial use within 5 years after registration? The revised Lao Intellectual Property Law in 2023 has brought about a series of key changes that affect patent stability, from electronic evidence identification to malicious registration crackdown, each of which may affect the fate of your patent. This article will systematically break down the core rules and practical points of Laos' patent invalidation system, providing a complete guide for enterprises from risk prevention to response strategies.

1、 Institutional foundation: Patent invalidation framework constructed by the new law in 2023

The legal basis for the invalidation system of patents in Laos is derived from the Intellectual Property Law No. 50/NA, which was revised on November 20, 2023 and came into effect on March 1, 2024. As the fourth revision since the promulgation of the first Intellectual Property Law in 2007, the new law presents three significant changes in the field of patent invalidity:

1. The expansion of the authority of regulatory agencies is particularly noteworthy.According to the new law, patent invalidation requests are mainly submitted to the Intellectual Property Office (DIP) under the Ministry of Industry and Trade (MOIC) of Laos. Compared to the old law in 2017, MOIC now has gained an important right - the ability to proactively cancel patents that have been identified as "incorrect" or maliciously registered, without waiting for third-party applications. This change directly addresses the issue of patent registration fraud, making the Lao Intellectual Property Office an "active enforcer" in cracking down on malicious registrations, but at the same time, it also requires companies to pay more attention to coincidence regulations when applying for patents.

2. The legal effect of electronic evidence is clarified in the new law.The revised law stipulates that patents and small patents must be inventions that have not been disseminated in Laos through "online media, actual use, or any other form" within the year prior to application. This means that the technical content disclosed on the Internet through the domain names accessible in Laos will directly destroy the novelty of patents. In practice, companies need to pay special attention to their technology disclosure behavior on social media and industry websites, which may become "time bombs" for patents to be invalidated in the future.

3. The systematic sorting of invalid reasons makes the system clearer.According to the Intellectual Property Law of 2023 and its supporting regulations, the statutory reasons for patent invalidity include:

① Not meeting the protection requirements of novelty, creativity, etc

② Patent expiration or failure to pay annual fees as required

③ Not commercially utilized within 5 years after registration

④ The application documents contain false information or conceal important facts

⑤ Belonging to malicious registration or incorrect registration

Among them, "commercial utilization requirements" are a characteristic provision of the Laotian system. Unlike most countries, Laos' patent law requires the rights holder to actively implement their patent after registration, otherwise a third party may apply for invalidation within a 5-year period on this grounds. The term 'commercial utilization' here not only refers to actual production and sales, but also includes forms such as authorizing others to use it. Enterprises need to retain relevant evidence for verification.

2、 Invalid Attack and Defense Battle: Analysis of the Whole Process from Application to Relief

The patent invalidation procedure in Laos presents the characteristics of "administrative dominance and judicial finality". The entire process from application to final ruling can be divided into four key stages, each of which contains hidden time nodes and procedural requirements that need to be vigilant.

Phase 1: The core of the application initiation phase is to grasp the "5-year window period".

According to the law, third parties must submit an invalidation request to DIP within 5 years after the publication of the patent registration announcement. Failure to do so will result in disqualification from the application. The request must be in the standard format specified by DIP and the corresponding fee must be paid. It is worth noting that the applicant's scope is extremely broad - any third party can raise it without proving their interest in the patent, which undoubtedly increases the possibility of the patent being challenged.

Phase 2: The 60 day deadline for the defense response phase is crucial.

DIP will immediately notify the patentee upon receiving an invalid request, and the patentee must submit a written response and relevant evidence within 60 days of receiving the notification. The most important thing to be wary of is the "silence equals consent" rule: if the rights holder fails to respond within the prescribed time limit, it will be considered as default consent to the invalid request, and DIP can directly make a revocation decision. This regulation requires companies to establish a rapid response mechanism for patent affairs to avoid patent loss due to procedural negligence.

Stage three: The administrative adjudication stage is subject to substantive review by DIP.

The examination will focus on whether the grounds for invalidity are valid, with a particular emphasis on whether the patented technology has been publicly disclosed through electronic media or other forms prior to application; Whether the claims clearly define the scope of protection; Is there any situation where the source of genetic resources has not been disclosed (for specific field patents). For defenses involving novelty, companies need to prepare key evidence such as proof of priority and prior art search reports. Invalid decisions made by DIP will be published in the official gazette and entered into the patent database.

Stage four: Judicial relief stage provides final rights protection.

If the party is dissatisfied with the invalid decision of DIP, they may file a lawsuit with the Lao People's Court after receiving the decision, and the court shall make a final ruling. In practice, court litigation often involves more complex evidence disclosure and courtroom debates. It is recommended that companies hire local lawyers familiar with intellectual property litigation in Laos at this stage, especially paying attention to the differences in the acceptance standards of electronic evidence in Laotian courts compared to those that may exist domestically.

3、 ASEAN Characteristics and Chinese Enterprises' Response: Risk Prevention and Strategic Suggestions

As a member of ASEAN, Laos' patent invalidation system reflects regional commonalities while maintaining its own characteristics. Chinese companies need to pay special attention to the following differentiation points and coping strategies when laying out patents in Laos:

The institutional differences with ASEAN neighboring countries are mainly reflected in three aspects: firstly, the time limit for invalidation requests is shorter, and countries such as Vietnam and Thailand usually do not have a 5-year limit for patent invalidation applications; Secondly, commercial utilization requirements are stricter, and most ASEAN countries only consider failure to implement as a reason for compulsory licensing, rather than an invalid reason; Thirdly, administrative agencies have greater proactive review power, and the Laotian MOIC can initiate invalidation procedures based on its authority, which is relatively rare among ASEAN countries. These differences require companies to take more proactive maintenance measures towards Laos when formulating regional patent strategies.

The China Laos patent cooperation mechanism provides special convenience for enterprises. According to the patent examination cooperation agreement reached between China and Laos, applicants with valid Chinese invention patents can apply for accelerated examination in Laos, and the Lao Intellectual Property Office will grant authorization based on the examination results from China. Although this mechanism is not directly applicable to invalidation procedures, the stability review of Chinese patents can indirectly enhance the defense ability of Laotian patents in invalidation procedures. It is recommended that companies make full use of this channel to improve patent quality when applying for patents in Laos.

Targeted risk prevention strategies should be implemented throughout the entire lifecycle of patents:

Application stage:Strictly review the history of technical disclosure and clean up publicly available information on the internet within the year prior to the application; For technologies involving traditional knowledge, it is essential to fully disclose the source information.

Maintenance phase:Establish a reminder mechanism for patent annual fee payment to avoid invalidation due to missed fees; Develop a clear commercial utilization plan within 5 years after registration, and retain evidence of use such as sales contracts and authorization agreements.

Monitoring phase:Regularly search for patent announcements in Laos and track the patent developments of competitors; For patents suspected of infringement, the possibility of invalidity can be evaluated within a 5-year window period.

Response phase:Upon receiving an invalid request, immediately form a response team consisting of technical personnel and legal experts to complete evidence collection and defense preparation within 60 days.

Guidelines for dealing with typical scenarios:When faced with invalid requests on the grounds of "non-commercial use", enterprises need to provide evidence such as sales invoices, import and export documents, license agreements, etc. to prove that the patent has been actually put into use; The accusation of "electronic disclosure destroying novelty" can be defended from the perspectives of the disclosure subject, disclosure scope, and whether it constitutes existing technology. If necessary, a notary public can be applied to verify the relevant webpage.

Conclusion:Dynamic compliance ensures patent value

The patent invalidation system established by Laos' Intellectual Property Law in 2023 reflects its efforts to align with international standards while retaining distinctive provisions that are suitable for the country's development. For Chinese companies operating in Laos, the stability of patents depends not only on the degree of technological innovation, but also on a precise grasp of local legal rules. It is recommended that enterprises establish a patent lifecycle management system, focusing on the 5-year commercial utilization time limit and electronic evidence risks, fully utilizing the China Laos cooperation mechanism and localized legal services, so that patents can truly become a "talisman" for exploring the Laotian market.

If you need to learn more about the practical details of patent invalidation in Laos, you can consult professional institutions familiar with ASEAN intellectual property affairs to obtain customized risk assessments and response plans.