A person desirous of obtaining right over any patent shall register such patent in his/her name under this Act.
A patent bestows the patentee with an exclusive right to exclude any third party from copying the invention unless a written permission is sought from the patentee.
If any third party attempts to or actually copies the invention, the Department shall levy a fine on the accused and confiscate all the materials related to such offence.
||Department of Industries
|Law in Force
||Patent, Design and Trade Marks Act, 1965
|PCT Contracting State
||7 years from the date of registration
||7 years from the date of previous registration
A patent sought to be registered may not be patentable in the following circumstances
If it has already been registered in the name of any other person or
In case the applicant him/herself is not the inventor nor has acquired rights over it from the original inventor, or
If the patent sought to be registered is found to cause adverse effect in health, conduct or morale of people in general or is not in the national interest.
Patent applications in Nepal can be filed as
a) Ordinary application:
The very first patent application filed in a Patent Office without claiming priority from any patent application or without any reference to any other application under process in the office is called an Ordinary application.
b) Convention Application:
Nepal became a party to Paris Convention with effect from June 22, 2001. Therefore, an applicant desirous of filing patent application in Nepal claiming priority from one or more than one convention countries based on same or substantially the same invention, may do so within 12 months from the date of earliest priority.
it may be noted that Nepal is not a member of Patent Cooperation Treaty (PCT).
Name, address and profession of inventor;
In case the invention is not invented by the applicant himself, the conditions for acquiring; such right from inventor the by the applicant;
Method of operation or utilization of the invention;
Principle or formula, if the patent is based on any principle or formula;
Drawings and sketch of invention (if necessary);
Prescribed application fee as mentioned in schedule.
What are the Documents required for filing a Patent Application
A Power of Attorney signed by the applicant sealed and attested by two witnesses.
An application form.
Notarized copy of specification and claims including the nature of invention.
Home Country Filing Receipt/Priority Claims Details in English Notarized by Notary Public in the case of priority claim.
The certified copy of home country registration certificate patent along authenticated translation in the English language by a Notary public thereof.
On receipt of application submitted by the applicant, the Department shall, on the advice of experts if so considered necessary, conduct all investigation to determine whether the patent application meets the statutory requirements or not. The Examination is conducted in two ways:
a) Formality Examination is made to determine whether the application fulfills the necessary procedural and formal requirements. The Department shall invite the applicant to correct where necessary documents are missing.
b) Substantive Examination is carried out by the examiners to assess the patentability of the invention to ascertain whether:
The claimed invention is patentable subject matter or not.
The claimed invention is novel, an invention is new if it is not anticipated by the prior art.
It possesses inventive step. The invention possesses an inventive step if there is a clearly identifiable difference between state of the art and the claimed invention.
It can be applied for practical purposes for its utility or possesses industrial applicability.
The application must disclose the invention in a manner sufficiently clear for the invention to be carried out by a person skilled in the art.
In case the Department concludes that the claimed invention should not be registered in the circumstances that it does not satisfy the statutory requirements, it shall give a notice to the applicant to the effect that the patent application cannot be registered.
Grant of Patent in Nepal
On receipt of applications filed for registration of a patent, the Department shall, after completing necessary investigations, issue a registration certificate to the applicant on payment of registration fee.
The patent applications filed are published by the Department except those which are to be kept undisclosed for national interest. Any person desirous of obtaining a copy of the statement or drawing of a published application in patent journal may seek the same after payment of fee as prescribed.
When the application for Patent is found in order of grant, the patent is granted by the Patent Office in Nepal. The term of patent in Nepal is for seven years from the date of registration. The patentee shall renew the patent within 35 days from date of expiry by paying a fine of One thousand rupees within six months after the expiry of the time limit.
A pre-grant opposition may be filed by any person with the Department within 45 days from the date on which the published application is seen or a copy of such patent document is taken.
Upon receipt of the complaint the Department takes necessary steps through investigation ascertaining whether the opposition is valid or not.
The Department may cancel the registration of any patent which had been registered if the patent falls under the categories of un-patentable inventions. The Department shall, before cancelling the registration of any patent, provide reasonable opportunity to the patentee to show the cause, if any, why the registration of this patent should not be cancelled.