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.
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.
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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.
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:
The following information must be included in your patent specification:
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.
Filing your patent application requires the following forms.
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:
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.
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