A patent is a grant of exclusive rights for an invention to make, use and sell the invention for a limited period of 20 years. Patents are granted for new, non- obvious product or process inventions that have an industrial application and which have not been excluded from patentability.
Patentability criteria in Pakistan include Novelty, inventive step and industrial applicability.
Patent law in Pakistan is governed under 2 legislations:
- Patents Ordinance 2000
- Patents Rules 2003
- Receive request to file patent
- Formalities (including emails, debit notes) with the client and the Patent Office
- Examination at Patent Office (no fixed time)
- Acceptance by Controller of Patents
- Published in IP Journal and/or website
- Sealed in case of no opposition
There are 3 types of Patent Application filed in Pakistan:
- Ordinary Application: This application is created once all the required criteria to file a patent application are met. The official date of this patent is the date when it is filed in the Patent Office.
- Application for Patent of Addition: This application refers to any additions for improvement or modification of an invention for which a patent has already been applied or granted.
- Convention Patent Application: This is a
priority patent application whereby the
application is dated as of the official date of
the corresponding application for patent first
made in a WTO member country.
- Full name, nationality, and complete business address of the applicant(s).
- Three copies of specification and claims in English on pages size 8-1/4” x 11-3/4” (International A-4 size).
- Three copies of drawing(s) if any. All sheets of International A-4 size.
- Application form signed by the applicant(s) and endorsement on the reverse by the inventor(s) in presence of two witnesses; if the inventor(s) himself/themselves is/are not the applicant(s) in Pakistan. In alternate Assignment document can also be provided if the inventor’s signature on the said form is not possible.
- Power of Authority signed by applicant(s) notarized by the notary public.
- In case of priority application, certified
copy of basic specification is filed with the
application in Pakistan or within three months of
the date of filing the application. Priority can
be claimed for corresponding applications filed in
WTO member countries by filing applications in
Pakistan within 12 months from the date of first
foreign application. If priority document is in
language other than English, English translation
of the same along with affidavit from the
translator verified/attested by Notary Public is
required for submission in the Patent Office.
- Patent searches
- Application filing
- Legal actions
- Application acceptance and sealing
- Filing oppositions
- Post Grant related matter
- Appeal in superior courts
- Patent validity check