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The Patent, Design, and Trademark Act, 2022 (1965) largely regulates the protection and enforcement of patents in Nepal. Nepal’s IP Law is still relatively new. Nepal has ratified the 1995 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the 1883 Paris Convention for the Protection of Industrial Property. Since Nepal is a party to the Paris Convention, applicants there may submit claims of convention precedence. In accordance with this, the Convention Application must be submitted within 12 months of the earliest priority date. You should know Nepal is not a PCT or Patent Cooperation Treaty signatory.
A “patent” is defined as any useful innovation relating to a new technique of manufacturing, operation, or transmission of any of these things, or that is made on the foundation of a new theory or formula under Section 2 of the Patent, Design, and Trademark Act of Nepal.
PROCESS OF PATENT REGISTRATION IN NEPAL
Which inventions can be patent protected?
In the following situations, a patent that is being sought cannot be granted:
- If it has previously been recorded under another person’s name.
- If the applicant did not invent the invention sought to be registered and did not purchase the right from the inventor.
- If the patent application is shown to have negative impacts on people’s conduct, morale, or health in general, or if doing so is in the national interest.
- If any current Nepali legislation is broken.
What are the necessary documents for a patent application?
An application may be submitted by any of the following parties in compliance to sections 3 and 4 of the Patent, Design & Trademark Act:
- The inventor’s name, address, and line of work;
- If the applicant did not create the innovation, the requirements for obtaining such a right from an inventor by the application;
- The invention’s method of use or operation;
- If the patent is based on a principle or formula, what it is;
- Sketches and drawings of the invention, if applicable;
- Application fee in accordance with the schedule’s specifications.
Process Of Patent Application
Step 1: Filing Patent Application
An application form along with a Power of Attorney signed by the applicant was sealed and attested by two witnesses should be submitted. Along with that, a notarized copy of specifications and claims, including the nature of the invention, home Country Filing Receipt/Priority Claims Details written in English should be attached. In case of a priority claim, it needs to be notarized and a certified copy.
Step 2: Examination of Patent Application
In accordance with Section 5 of the Act, the Department is required to carry out any investigation or study upon receipt of a registration application in order to ascertain the following two facts:
- if the innovation included by the patent application is new or not
- Whether or not the broader public will find it useful.
A patent cannot be registered by the Department under this Act in the following situations, per Section 6 of the Act. If the patent is already registered in the name of another person, if the applicant is not the original inventor of the patent sought to be registered and neither has acquired ownership rights therefrom, if the patent sought to be registered is likely to negatively impact public health, conduct or morality or the national interest, or if it is in violation of the laws in effect, or if the registration of the patent will constitute an infringement.
The Department shall, upon receipt of the application submitted by the applicant, conduct all investigations to ascertain whether the patent application complies with the legislative requirements or not, with the assistance of experts as may be deemed appropriate.
Step 3: Publication
According to Section 7A of the Act, the department must publish all patents registered under the Act in the Nepalese Gazette, except for those that must be kept secret for reasons of national security.
Anyone who wishes to view or obtain a copy of a patent statement, drawing, or sketch that has been published in a journal may do so by paying the appropriate fee.Within 35 days of the date on which you first saw or copied the Patent, you may register a complaint if you have objections. The Department will then make the required inquiries and take further action. NPR 1000 is the price for complaints and objections.
Anyone seeking to view or copy the specifics, maps, or drawings of a patent may do so by paying the required NPR 750 cost.
Patent Renewal in Nepal
Renewal of patents is regulated by Section 23 of the Act, which says that after 35 days of the expiration of the term for which the patent holder is granted the patent, must renew the registration. Schedule 2(D) is the required form; the fees are NPR 5000 the first time and NPR 7500 the second.
When the renewal period expires, it can be renewed within 6 months of the expiration date for the same for a charge of NPR 1000. A patent may only be extended twice at intervals of seven years each.