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Patent Registration in Pakistan

Law of Patents in Pakistan

Pakistani Patent Law work

Patents are types of intellectual property law that relate to new inventions. Circuit boards, car engines, heating coils, and zippers are all examples of tangible inventions protected by a patent. Patents have, however, protected a broader range of inventions, including algorithms for coding, business practices, and genetically modified organisms. Patents can only be granted in Pakistan if an invention is new, inventive, and useful in industry. It is also forbidden to grant patents to inventions that would be contrary to public order or morality if they were published or exploited. It is also prohibited to grant a patent for any animal or plant that is not a microorganism or a biological process, but this prohibition shall not apply to microorganisms or products thereof, or to methods of treating humans and animals that involve therapeutic or surgical procedures.

The Patents Ordinance of 2000 grants four types of patents

  1. Patents dated as of the application date.
  2. An agricultural or medical patent covers a chemical product.
  3. A patent that claims “priority” is dated from the date of the original patent application filed first in a WTO member country.
  4. Inventions for which a patent already exists can be improved or modified with patents of addition.

Patent eligibility is a hotly debated topic, and courts often struggle to define what constitutes an original, non-obvious invention. Patents grant inventors exclusive rights to sell their inventions for 20 years following their grant. For a fee, inventors license their inventions to other companies.

Patent Registration Process Pakistan

Taxocrate (Pvt) Ltd has been specializing in all matters related to corporate law for more than 35 years. We offer free consultations with our experienced attorney. Feel free to contact us if you have any questions.

Step 1: Specify the patent

Preparing a patent specification is the first step in filing a patent application, in which you need to clearly and concisely state the terms by which you and others will be bound. No matter if the patent specification is provisional or complete, it must begin with a title and end with the signature and date of the inventor (you) or your patent agent.

Format:

It is crucial that any official document, especially those that deal with legality, follow the right format and content. Language needs to be carefully chosen, titles and definitions must be explained, and details should be listed in an orderly fashion. In spite of their simplicity, these instructions are extremely important:

  • Language: English [compulsory]
  • Line spacing: 1.5
  • Page size: A4
  • Page margins: minimum 2 cm from the top, bottom, and right side.
  • Only use one side of the sheet.

Content or structure:

The following information must be included in your patent specification:

  • The Topic of the Invention: Subject matter.
  • Abstract: Describe your invention’s most important technical features (2 pages).
  • Technology Field: In what field does your invention fall?
  • An Invention’s Background: What motivates the invention and what is its basis?
  • Detailed Description: Describe in detail the specific components, systems, methods, etc., that enable your invention to work so that a person skilled in the art can understand and reproduce it.
  • Claim Definition: A single sentence that describes the invention clearly.
  • Drawings: Include drawings if they are needed to fully understand the subject matter.
Patent-registration-in-pakistan

Specification for a Provisional Patent

The provisional specification can be filed first and then the full specification within 12 months after the provisional specification is filed, to establish the filing date for an in-progress invention. Since a provisional specification does not require the Patent Office to examine it, you may skip using claims and drawings in your complete specification.

Step 2: Form filling

Filing your patent application requires the following forms.

  • To initiate a patent request, fill out ‘Form P-1’ (for non-conventional applications) or ‘Form P-2’ (for conventional applications). It is necessary to submit two copies of this form as well as two copies of the patent specification.
  • Non-conventional applications should be filled out on Form P-1A, and convention applications for patents should be filed on Form P-2A if the true inventor is not filing.
  • Fill out Form P-3A for specifications and Form P-3 for provisional specifications. It is required that each form be submitted in two copies.
  • A letter of support should also be submitted by students and employees of universities, research institutes, and organizations.
  • In addition, Form P1 or P2 must contain two copies of Form P-28 for authorizing the patent attorney/agent.
  • A Form P-16 must be completed whenever a pending specification or accepted specification needs to be amended.

Step 3: Make the Filing Fee Payment

An IPO Pakistan payment order or demand draft should be sent to the Director-General in the name of the organization. Fees are non-refundable.

You will be charged the following fees:

  • Complete specifications are in PKR. 6750/-
  • Provisional specifications are in PKR. 2025/-.
  • For each additional page over 40 pages, PKR. 90/-
  • If there are more than 20 claims, PKR. 225/–
  • If the specifications are pending or accepted, the fee is PKR. 2250/-
  • Sealing a patent requires a fee of PKR. 6750/–
patent registration

Renewing and Restoring Patents

The Patent Office has the right to forfeit/cancel a patent or do what is deemed appropriate in that situation if the grantee fails to renew the patent every year thereafter (in respect of the 5th year onwards until the 20th year).

Form P-12 (Application for Renewal) must be submitted by the grantee before the 4th year of the patent expires. The cost of renewing a patent increases over time.

The Patent Office holds the patentee’s patent for a period of time before invalidating it permanently if they do not pay the renewal fee. Form P-13 (Application for Restoration) can be completed by the patentee before the patent is invalidated if this occurs.

It is possible to improve on a patent that has been in the public domain for 20 years, however, a new patent cannot be issued for some research that has already expired.

Taxocrate Offers Corporate-Related Assistance!

Problems with patent registration in Pakistan? TAXOCRATE (PVT) LIMITED. Our company can assist you with all aspects of Intellectual Property, including Patent Registration. Patent registration for your business or product will be handled by our experienced trademark attorneys in Karachi and Islamabad. All legal requirements will be met perfectly during the entire process. Including the application and processing of the trademark, our trademark attorney will handle all work related to patent registration. Taxocrate has extensive experience in patent registration, trademark registration, company registration, NTN registration, income tax, sales tax, accounting, and auditing. Our clients entrust their businesses to us.

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