DESIGN FILING IN PAKISTAN
The Design right is granted in Pakistan as per the “Registered Designs Ordinance, 2000”. According to Section 2(e) of the Ordinance, design means features of shape, configuration, pattern ornament applied to an article by any industrial process or means, being features which in the finished article appeal to and are judged solely by the eye. However, it does not include a method or principle of construction or features of shape or configuration which are dictated solely by technical and functional considerations.
What can be registered as Design in Pakistan?
In accordance with the Ordinance, an industrial design is registrable if:
- it is new or original;
- had not been made available to the public anywhere in the world and at any time whatsoever through description; and
- Not contrary to public order or morality.
|Relevant Office||Patent Office, Lahore or Patent Office, Karachi|
|Law in Force||Registered Designs Ordinance, 2000|
|Document(s) required for filing design application||Complete details of the applicant(name, address and nationality);Representation of the industrial designPriority details (if applicable)Duly executed Power of Attorney|
|Prosecution Process||Filing of Design ApplicationExamination of Design ApplicationRegistrationPublication|
|Registration Term||10 years from the date of registration and can be extended to second and third period of 10 years (Total-30)|
DESIGN APPLICATION IN PAKISTAN
How to file design application in Pakistan?
Design applications can be filed in Pakistan as:
a) Ordinary application
A design application may be filed with the Patent Office Pakistan in a prescribed form and by paying prescribed fee containing:
b) Convention Application
As per Section 12 of Designs Ordinance, convention application is an application that is made in Pakistan within six months after the date of an application made in a convention country.
DESIGN PROSECUTION IN PAKISTAN
Design Registration Procedure in Pakistan
Stage: 1- Design application filing in Pakistan:
An application for registration of a design can be filed alongwith prescribed fee and form at the Patent Office.
Stage: 2- Design Examination in Pakistan:
During the examination process, an application is checked for if all the conditions required for filling and design registration including the documents, details along with the application fees and format are met.
Stage: 3- Registration of a design
The application which fulfil all the criteria during the examination process is registered and the applicant of the same enjoys the proprietor’s right of registered design.
Stage: 4- Publication of a design
After the issue of certificate of registration, the registered design is published in the official Gazette.
What is the term of registered design in Pakistan?
The term of a registered design in Pakistan is 10 years from the date of registration. However, it can be extended to second and third period of 10 years (i.e. Total-30).
Stage: 5- Opposition of design
As per the Desin Ordinance, registered Design is open to inspection at the Patent Office on and after the day on which the certificate of registration is issued.
Registered Designs Ordinance, 2000