As of 1 April 2025, the European patent system has expanded its reach into South-East Asia, enabling the validation of European patents in the Lao People's Democratic Republic (Lao PDR). This significant development, facilitated by an agreement with the Lao government, enhances intellectual property protection for businesses operating in the region. The European Patent Office (EPO), which grants these patents, now extends this protection to 46 countries, including its 39 member states and those covered by extension and validation agreements.
Understanding the Patent Validation Agreement
"This agreement means that European patent applications and granted patents are now recognised in Laos, providing the same level of protection as patents granted within the EPO's 39 member states," the European Patent Office (EPO) stated. The agreement, which took effect on 1 April 2025, followed the publication of key legal documents in February 2025. These documents, the "Instruction for Validation of European Patents in Lao PDR" and its supplementary "Additional Recommendation", amended Laos's Patent Law, creating the necessary framework for the patent validation system.
Key Details for European Patent Applicants:
- Effective Date: 1 April 2025.
- Scope of Intellectual Property Protection: European patent applications and patents filed on or after this date can be validated in Laos. Applications filed prior to this date are not eligible.
- Legal Basis: The system is underpinned by amendments to Laos's Patent Law, published in February 2025.
- Validation Process: Validation is at the applicant's request.
- Validation Fee: A validation fee of EUR 180 (code 425) is payable to the EPO within six months of the European Patent Bulletin's mention of the search report publication or the international application's entry into the European phase.
- Late Payment: A two-month grace period is available for late payment, subject to a 50% surcharge (code 455).
- Online Tools: The EPO's online filing tools, including Online Filing 2.0 and EPO Online Filing, have been updated to include Laos as a validation option from April 2025.
- Withdrawal: Failure to pay the fee within the time limits results in the validation request being withdrawn.
- Applications: The validation for Lao PDR is deemed requested for any European or international application filed on or after 1 April 2025.
- Legal Standing: Validated patents hold the same legal standing as those granted within the EPO's 39 member states.
- Further information: Further details have been published in the EPO's Official Journal, and the information has been incorporated into its "National law relating to the EPC" brochure.
Benefits to Laos's Economy and Intellectual Property Landscape
The validation of European patents in Laos is expected to stimulate foreign investment and promote technology transfer, contributing to the nation's economic growth. This agreement also strengthens Laos's intellectual property framework by aligning it with European standards, making it more attractive to international businesses.
Conclusion
The EPO has emphasised that validated patents hold essentially the same protection as those granted within its 39 member states. This agreement is a move to simplify patent protection and strengthen the intellectual property landscape within Laos.