Expanding European Patent protection: Validiation Now Possible in Laos

As of 1 April 2025, European patent holders will be able to extend their patent rights to Laos without having to go through a separate national application process[1]. This follows the Validation Agreement signed between the Lao Department of Intellectual Property (DIP) and the European Patent Organisation (EPO), making Laos the second country of South-East Asia (SEA) to join the European patent validation system following Cambodia (where validation is possible since 2018). 

This development follows a regulation published in Laos on 21 February 2025 (Instruction No. 0153/MOIC), and effective since 17 March 2025 which sets out the modalities for implementing the Agreement on the validation of European patents.

For businesses and innovators, this new framework offers a major advantage. Instead of navigating two separate patenting systems, applicants can secure protection in Laos through a single European patent filing, simplifying procedures and reducing costs. Once validated, a European patent in Laos will have the same legal effects as a nationally granted patent, ensuring full rights and enforcement under Lao law.

This development enhances legal certainty for companies looking to protect their innovations in Laos, encourages foreign investment, and promotes technology transfer by making intellectual property protection more accessible. As Laos continues to position itself as an emerging hub for trade and industry in the region, stronger IP rights play a vital role in supporting innovation-driven businesses.

How the European Patent Validation Process Works in Laos?

The validation process follows five key steps:

1. Filing a Request – European patent applicants automatically request validation in Laos when submitting a European patent application.
2. Publication of the Request – The Lao DIP publishes the validation request after being notified that the prescribed validation fee has been paid, but not before 18 months from the filing or priority date.
3. Payment of Validation Fees – Patent holders must pay the validation fee to the EPO within six months after the European search report publication. A late payment option (with a 50% surcharge) is available for an additional two months.
4. Legal Effects in Laos – Once validated, the European patent grants the same rights as a national patent, effective from the date its grant is published by the EPO.
5. Translation Requirement – The patent owner must submit translations of the claims in Lao and English to the DIP within three months of the EPO’s publication of the patent grant.

Key Considerations for Patent Holders

While European patent applications can be validated in Laos, certain conditions apply. Provisional protection is granted once the translated claims are published by the DIP. Additionally, if a validated European patent and a national Lao patent exist for the same invention, the Lao national patent will lose effect, unless the European patent is successfully opposed.

Another important factor is the authenticity of the patent text. The EPO language version of the patent is the official text, but the translated claims are binding in Laos. Patent holders may submit corrected translations, but changes only take legal effect once officially published by the DIP.

A Step Forward for IP in Laos

With this validation system set to go live on 1 April 2025, businesses and innovators may now extend their European patents to Laos via a structured and efficient procedure. While the Lao version of the regulation may undergo slight amendments, these will not impact the entry into force of the system.

If you seek cost-efficiency and to legally secure patent protection in Laos, the validation of European patents represents a straightforward and highly beneficial option (it is perfectly fit for European SMEs or start-ups). Should you wish to learn more about this system or patent protection in general in SEA, please contact the SEA IP SME Helpdesk or its external IP Experts.

[1] European Patent Office (EPO) news: : Laos becomes the sixth country to sign a Validation Agreement with the EPO