From 1 April 2025, the agreement signed between the European Patent Office (EPO) and Laos comes into force. This implies that European patents, once granted, could be validated in the Asian country ans, consequently, they will enjoy the same level of protection there as they do in the 39 European Patent Organisation member states.
Laos has thus become the sixth “validation state”, a list that to date consisted of Morocco, the Republic of Moldova, Tunisia, Cambodia and Georgia. Therefore, under the European patent system, it is possible to obtain legal protection for inventions in 46 states in total, by filing a single application and passing a single examination process.
Since 2006, Laos is also a contracting state to the Patent Cooperation Treaty (PCT).
Economy and innovation in Laos
Laos is located in landlocked Southeast Asia and is bordered by Thailand, Cambodia, Vietnam, China and Myanmar. The country has a population of nearly seven million inhabitants. According to its GDP, it is the 130th largest economy in the world and the per capita income in 2022 was 2600€.
On the other hand, according to the World Intellectual Property Office’s (WIPO) Global Innovation Index 2024, Laos is ranked 111th out of 133 economies in terms of innovation.
Laos international trade relations
These credentials may not be particularly striking, but when making a decision on validating in this country it should also be taken into account that Laos has trade agreements with the Association of Southeast Asian Nations (ASEAN), China and Thailand, among others, which, added to its strategic geographical position, makes it an enclave with an interesting commercial potential.
When can a European patent be validated in Laos?
Both direct and Euro-PCT European patent applications filed on or after 1 April 2025, once granted, may be validated in Laos. In the case of Euro-PCTs, the date will be the date of the international application.
However, in order to file a validation in Laos once the patent has been granted, it is necessary to have previously designated the Asian country and to pay the corresponding fee to the EPO within six months from the date on which the European Patent Bulletin mentions the publication of the European search report or, if applicable, within the time limit for performing the acts necessary for the entry of an international application in the European phase.
The designation fee for Laos is 180€.
Designate Laos?
Applicants and patent owners should evaluate their area of activity to decide whether to validate a European patent in Laos. The locations of their production, market, and competitors provide the best clues for making an informed decision.
In case of uncertainty about the future of the project or the evolution of the business, there is an additional option: to postpone the decision.
It should be noted that the initial designation of Laos and the payment of the fee of 180 € do not oblige to complete the validation formalities when the European patent is granted, which can be years later. Therefore, if the situation is reconsidered after the patent is granted, the patentee is not required to complete the validation procedure in Laos.
Obviously, if it is clear from the beginning that protection in that territory will not be necessary, the payment of the designation fee does not make sense; but, in case of doubt, it is a good cautionary measure.
