The European Patent Office (EPO) has announced that the European patent validation system for Laos will officially take effect on April 1, 2025. The announce of the EPO is accessible here.
This new system allows European patent holders to extend protection of their patents to Laos. Laos becomes the sixth country — and the second in Southeast Asia after Cambodia — to join the European patent validation network.
The groundwork for this development was laid on May 13, 2024, when the EPO signed the European Patent Validation Agreement (the “Agreement”) with a delegation from the Lao Ministry of Industry and Commerce. Since then, the Department of Intellectual Property (DIP) has issued a domestic regulation implementing the Agreement and has collaborated with the EPO to roll out the validation system.
The article is divided into two parts: the first provides a general overview of the validation system and its benefits, while the second outlines the key features and procedures under the implementing regulation issued by the Lao Department of Intellectual Property.
- Understanding the European Patent Validation System in Laos
- What is a Patent?
For those not familiar with intellectual property terms, a patent is a legal right granted by a government to an inventor (or applicant) granting exclusive rights to make, use, sell, or license an invention for a certain period of time, up to 20 years from the date of filing for Laos.
Not every invention is eligible for patent protection. Lao law excludes certain types, such as diagnostic, therapeutic, and surgical methods for treating humans or animals (see Article 21, item 3 of the Law on Intellectual Property).
To be patentable in Laos, an invention must meet three key criteria:
- Novelty – the invention must be new; it can’t have been disclosed to the public before.
- Inventive step – the invention must not be something that would be obvious to someone with knowledge and skills in that field.
- Industrial applicability – the invention must be capable of being made or used in some kind of industry (e.g., agriculture, manufacturing).
Many familiar technologies are protected by patents—Bluetooth, Apple’s “slide-to-unlock” function, or anti-lock braking systems (ABS) in cars, for example.
Each country may appreciate these criteria (novelty, inventive step, and industrial applicability) a little differently. For instance, Apple was granted a U.S. patent for “slide-to-unlock,” but a German court invalidated it in Germany on the basis that it lacked the inventive step criteria.
- What is the Patent Validation System?
The European patent validation system is a framework based on an agreement between Laos and the EPO. It enables European patent holders to extend protection of their inventions to Laos without needing to file a separate application or undergo a national examination with the DIP in Laos. Instead, the validation is requested directly through the EPO, making the process more efficient and reducing paperwork.
Once validated, a European patent has the same legal effect in Laos as one granted directly by the DIP. In other words, it’s treated as if it were a “national patent,” granting the same exclusive rights under Lao law.
- Why is it Beneficial for Laos?
Patent examination is highly technical. It requires experts with deep knowledge across multiple industries and technologies. Countries like Laos, where the intellectual property system is still nascent and evolving, may not yet have the full resources or expertise to handle complex patent evaluations.
By participating in the European patent validation system, Laos can leverage the expertise of EPO examiners, who have already conducted detailed reviews of the invention. The DIP focuses on checking compliance with Lao law (e.g., whether the invention is eligible for protection under national rules).
Importantly, a validated European patent remains subject to Lao law. If the patent is later found to violate local rules—such as overlapping with another registered patent—the Lao authorities can revoke or cancel it.
Overall, this system improves legal certainty, boosts foreign investment, facilitates technology transfer, and supports innovation in Laos by ensuring robust patent protection.
- How European Patent Validation Works in Laos
To implement the Agreement, Laos needed to adopt domestic regulations. This was achieved through the publication of Instruction No. 0153/MOIC on the Validation of European Patents in Laos under the Agreement on European Patent Validation, which appeared in the Lao Official Gazette of the Ministry of Justice on February 21, 2025 (the “Instruction”). Below is a breakdown of the key provisions set out in the Instruction.
- Key Steps in Validating a European patent in Laos.
- Filing a Validation Request
A European patent application, or any European patent granted based on such an application, may be validated in Laos upon request by the applicant. The DIP confirms that this request is automatically considered filed for any European patent application submitted on or after the date the Validation Agreement between Laos and the EPO enters into force (i.e., April 1, 2025) (Section II, paragraph 2, item 1).
- Publication of the Validation Request
The DIP will publish the validation request as soon as it receives notification from the EPO that the validation fee has been paid. However, based on discussions with the DIP, publication cannot take place before 18 months have passed from the filing date of the European patent application—or from the earliest priority date, if priority has been claimed (Section II, paragraph 2, item 2).
- Withdrawal of the Validation Request
Request for validation can be withdrawn at any time. It is automatically considered withdrawn if:
- The required validation fee is not paid on time; or
- The European patent application is finally refused, withdrawn, or deemed withdrawn.
If the validation request has already been published, the DIP will issue a notice confirming the withdrawal as soon as possible (Section II, paragraph 2, item 3).
- Validation Fees: Deadlines and Payment Rules
- Standard Payment Deadline
The validation fee must be paid to the EPO after the European search report is published in the European Patent Bulletin. The deadline for payment is six months from the publication date (Section III, paragraph 1, item 1).
- Late Payment Option
If this deadline is missed, a further two-month grace period is available. However, a 50% surcharge on the standard fee must be paid during this extended period (Section III, paragraph 1, item 2).
- Payment Conditions
The EPO’s Rules relating to fees apply to validation payments. Once paid, these fees are non-refundable—so it’s important to keep track of the relevant deadlines (Section III, paragraph 1, item 3).
- How European Patent Applications Take Effect in Laos
- European Patent Applications Treated as National Applications
Once a European patent application is filed and assigned a filing date, it is treated as equivalent to a national patent application in Laos, even if it is later rejected or withdrawn (Section II, paragraph 3, item 1).
- Provisional Protection Begins with Official Publication
A published European patent application will benefit from provisional protection in Laos, as if it were a published national patent application. This protection takes effect from the date the DIP publishes a translation of the claims in both Lao and English in the Official Gazette on Intellectual Property (Section II, paragraph 3, item 2).
- If the Validation Request is Withdrawn
If the validation request is withdrawn or deemed withdrawn, the European patent application is considered never to have had legal effect in Laos. In other words, it will not grant any enforceable rights (Section II, paragraph 3, item 3).
- Effects of a Validated European Patent in Laos
- Legal Effect of a Validated European Patent
Once a European patent is validated in Laos, it confers the same rights as a national patent under the Law on Intellectual Property of the Lao PDR. These rights take effect from the date on which the EPO publishes the mention of the patent grant (Section II, paragraph 4, item 1).
- Translation Requirement Upon Grant
Within three months of the EPO’s publication of the grant, the patent owner must submit a translation of the claims into Lao and English to the DIP and pay the prescribed publication fee (Section II, paragraph 4, item 2).
- Translation Requirement for Amended Patents
If the European patent is amended following opposition or limitation proceedings at the EPO, the patent owner must submit a translation of the amended claims into Lao and English within three months of the publication of the decision to maintain or limit the patent. The corresponding publication fee must also be paid (Section II, paragraph 4, item 3).
- Drawings in Translations
If the claims refer to reference signs in the drawings, those drawings must be included in the translation submitted to the DIP (Section II, paragraph 4, item 4).
- Publication of Translations
The DIP will promptly publish any translations of the claims submitted in accordance with these requirements (Section II, paragraph 4, item 5).
- Consequences of Failing to Submit Translations
If the required translation into Lao and English, along with the publication fee, is not submitted within three months of the grant (or the amended grant) of the European patent, the validated patent will be deemed void ab initio—meaning it is treated as though it never had legal effect in Laos (Section II, paragraph 4, item 6).
However, the translation may still be validly submitted within an additional three-month grace period, provided a 100% surcharge on the publication fee is paid. While the Instruction appears to require a formal request for this additional time, verbal clarifications with the DIP suggest that this period is treated as a grace period and no formal extension request is required. Still, it is advisable to confirm this point with the DIP when initiating a validation.
- Impact of Revocation or Limitation
If the EPO revokes or limits the European patent in opposition or limitation proceedings, the validated European patent will retroactively lose legal effect in Laos, it will be regarded as though it never existed (Section II, paragraph 4, item 7).
- Which Version of a European Patent is Considered Authentic in Laos?
When a European patent application or granted patent is validated in Laos, determining which version of the text is legally binding is important. This is clarified under Section II, paragraph 5 of the Instruction. Here’s how it works:
- The Official Version
The original language of the proceedings before the EPO is considered the authentic version in any legal matters in Laos.
- When the Translation is Binding
If a translation into Lao and English has been submitted following the grant of the European patent or following an EPO decision to amend the claims (and subsequently published by the DIP), that translation is considered legally binding—except in revocation proceedings. However, if the translated version provides narrower protection than the original EPO version, the translated version will apply.
- Correcting a Translation
The patent owner can submit a corrected translation at any time. However, the corrected version of the claims only becomes legally effective once it is published by the DIP.
- Protection for Prior Users
If someone used the invention in good faith or made serious preparations to use it based on the earlier translation, they will not be penalized if a corrected version later expands the scope of protection. They may continue using the invention in the course of their business without compensation.
- Rights of Earlier Filing
When determining what qualifies as prior art in Laos, validated European patents and national patents are treated in the same way as two national patents. This ensures consistency in evaluating novelty and inventive step, whether the patent originates from a European validation or a direct national filing.
According to the DIP, the Agreement sets out two key principles:
- How a Validated European Patent Affects National Patents
A European patent application (for which the validation fee has been paid) and a validated European patent will have the same prior-art effect as a national patent application and a national patent (Section II, paragraph 6).
This means that once validated, a European patent is treated as if it were originally filed as a national patent application in Laos in terms of prior art.
- How a National Patent Affects a Validated European Patent
Conversely, a national patent application or a granted national patent will have the same prior-art effect against a validated European patent as it would against another national patent (Section II, paragraph 6).
This ensures that national patents filed earlier can still be used to assess the novelty or inventive step of a European patent validated in Laos.
- Simultaneous Filing
If both a validated European patent and a national patent exist for the same invention—and they were filed on the same date (or claim the same priority date)—the national patent will lose effect. This loss of effect happens at one of two possible moments:
- If no opposition is filed against the European patent by the deadline, the national patent automatically loses effect.
- If an opposition is filed but the EPO decides to maintain the European patent, the national patent will also lose effect from that moment.
Section II, paragraph 7 of the Instruction addresses the issue of simultaneous protection, but its drafting leaves some room for interpretation. Based on verbal clarifications with the DIP, this article follows the approach set out in the Agreement, which supports the interpretation above.
Still, it is recommended to reconfirm this point with the DIP when considering validation, particularly in cases where a national patent and a European patent may overlap.
- Final Comment
The Lao version of Instruction, published in the official gazette, was intended to align with the European Patent Validation Agreement. Some provisions may be revised in the future to more closely reflect the signed Agreement, particularly on matters such as publication timelines, prior art, and eligible patents.
This article anticipates those adjustments by drawing directly from the Agreement, based on verbal clarifications from the DIP. While future amendments to the Instruction may be made, they are not expected to delay the system’s entry into force on April 1, 2025. In the event of inconsistencies, the Agreement may serve as a guiding reference for interpretation and application.
Many thanks to the Department of Intellectual Property for their time and clarifications, which helped ensure this article is accurate and easy to understand.
This publication is for general informational purposes only and does not constitute legal advice. If you’re considering European patent validation in Laos, it’s best to reach out to your usual patent representative in Europe or an IP firm in Laos duly authorized by the Lao DIP.
