What is patent and how to obtain patents rights in pakistan
A patent is a grant of exclusive rights for an invention to make, use and sell the invention for a maximum period of 20 years. The patent grant excludes others from making, using, or selling the invention.
A patent owner has the right to decide who may or may not use his patented invention for the period for which the invention is protected. The patent owner may allow other parties to use the invention on the agreed terms. The owner may also sell / assign the rights of the invention to any other party. Once a patent expires, the invention enters in to the public domain, that is, the owner no longer holds exclusive right thereof. Thus, the invention becomes available to commercial exploitation by others.
The patent system is desirable in the public interest so that the industrial techniques may improve. The monopoly rights are granted in lieu of disclosure of the invention i.e. in order to encourage improvements. Any person devising substantial improvements in a prior art, may demand to be given monopoly rights in the fresh invention upon disclosure of his improvements at the Patent Office.
Patents - Filing Requirements
- Details of the applicant (Name, Address and Occupation of the applicant) and the title of the invention.
- English Copy of the specification, claims and abstract of the invention.
- English copy of the drawings of the invention (if any).
- Copy of Legalized Assignment Deed from the Inventor(s) to the Applicant. Not required if the Application shall be made in the name of the Inventor.
- Certified Copy of the Priority Document, in case of claiming priority. If the Priority Document is not in English language, an attested English translation has to be enclosed with the Priority Document.
- Documents mentioned under item (1), (2) & (3) has to be submitted with your instructions.
- Priority Document has to be submitted within THREE MONTHS from the filing date with the request of extension of time along with prescribed official fee, otherwise the priority shall not be claimed, no extension request is required if the priority documents submitted at the time of filing application.
In case of priority application, a certified copy (along with Notarized English transcript copy) of the basic specification should be filed along with the application in Pakistan or can be filed within three months from the date of filing the Pakistani application. Along with formal request of extension of time with official fee.
The term of a patent in Pakistan is 20 years from its date. The first four years of the term of a patent is free of any renewals. However, to continue to have the rights the patent, payments of renewal fee annually is required to be made. Such fees are payable before the expiration of the fourth and each succeeding year of the patent term.
Priority can be claimed in Pakistan within twelve months from the date of the earliest application for the grant of patent in any of the convention countries (members of WTO).
Substantive examination request
There is no request for conducting the substantive examination. This procedure is conducted automatically.
Language of the Pakistani patent application
The official language of a patent registration in Pakistan is English.
The novelty grace period term is applicable for a patent application if the information about the invention was disclosed within 12 months before the filing date at the officially recognised exhibition.
Patentable Inventions in Pakistan
In order to be patentable an invention should have the following characteristics:
– The invention should be process or product
– The invention should be novel or new
– It involves an inventive step
– It is capable of industrial application
Patent applications are examined under the Patents Ordinance, 2000 and Rules there under for both technical and legal merits. These characteristics are briefly explained below:
Exceptions & Non-Patentable Inventions in Pakistan
The following shall not be regarded as invention within the meaning of the Patent ordinance, 2000
- A discovery, scientific theory, law of nature or mathematical method;
- A literary, dramatic, musical or artistic work or any other creation of purely aesthetic character whatsoever;
- A scheme, rule or method for performing a mental act, playing a game or doing business;
- The presentation of information, computer software and Substances that exist in nature or if isolated there from.
The Patent Office
The Patents Office was established under the provision of Section 55 of the Patents & Designs Act, 1911, in year 1948 as an attached department of Ministry of Industries & Production, Government of Pakistan. This Act of 1911 was amended in compliance of TRIPS agreement and promulgated as the Patents Ordinance 2000 & the Registered Designs Ordinance, 2000. In addition to above, the law of Registration of Layout Designs of Integrated Circuits has also been promulgated as “Registered Layout-Designs of Integrated Circuits Ordinance, 2000”. Since April, 2005 the Patents Office currently is a part of Intellectual Property Organization of Pakistan.
MARKS & PAT,PAKISTAN.
Patents, Trade Marks, Industrial Deigns & Copyrights Attorneys
Suite # 11/A–1, 3rd Floor,Habib Blessings, Waseem Bagh, Block 13/D-2, Gulshan e Iqbal, Karachi-75300,Pakistan
+92 21 3483 7452
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