Patents In Nepal
Patent Filing In Nepal
The law governing Patent Filing in Nepal is the Nepal Patents Act, 1965. As per the Nepal Patent Act, 1965, a patent means ‘any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula.’
Only Ordinary & Convention Patent Applications can be filed in Nepal. As Nepal is not a member of Patent Cooperation Treaty (PCT) so PCT National Phase Patent Applications cannot be filed in Nepal.
What are the Patent Rights granted to a Patentee in Nepal?
• A person desirous of obtaining right over any patent shall register such patent in his/her name under this Act.
• A patent bestows the patentee with an exclusive right to exclude any third party from copying the invention unless a written permission is sought from the patentee.
• If any third party attempts to or actually copies the invention, the Department shall levy a fine on the accused and confiscate all the materials related to such offence.
|Relevant Office||Department of Industries|
|Law in Force||Patent, Design and Trade Marks Act, 1965|
|Prosecution Process||Filing Publication Opposition Examination Registration Renewal|
|Registration Term||7 years from the date of registration|
|Renewal Term||7 years from the date of previous registration|
INVENTIONS NOT PATENTABLE IN NEPAL
A patent sought to be registered may not be patentable in the following circumstances:
• If it has already been registered in the name of any other person
• In case the applicant him/herself is not the inventor nor has acquired rights over it from the original inventor, or
• If the patent sought to be registered is found to cause adverse effect in health, conduct or morale or people in general or in the national interest.
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Types Of Patent Applications In Nepal
The following types of Patent applications can be filed in Nepal
- Ordinary Application:
The very first patent application filed in a Patent Office without claiming priority from any patent application or without any reference to any other application under process in the office is called an Ordinary application.
- Convention Application:
Nepal became a party to Paris Convention with effect from June 22, 2001. Therefore, an applicant desirous of filing patent application in Nepal claiming priority from one or more than one convention countries based on same or substantially the same invention, he may do so within 12 months from the date of earliest priority.
As Nepal is not a member of Patent Cooperation Treaty (PCT) so PCT National Phase Patent Application cannot be filed in Nepal.
Patent Application Filing Requirements in Nepal
What are the details required for filing a patent application in Nepal?
The details required for filing a patent application in Nepal are as under:
• Name, address and profession of inventor;
• In case the invention is not invented by the applicant himself, the conditions acquiring; such right from inventor by the applicant;
• Method of operation or utilization of the invention;
• Principle or formula, if the patent is based on any principle or formula;
• Drawings and sketch of invention (if necessary);
• Prescribed application fee as mentioned in schedule.
What are the documents required for filing a Patent Application in Nepal?
1) A Power of Attorney signed by the applicant sealed and attested by two witnesses.
2) An application form.
3) Notarized copy of specification and claims including the nature of invention.
4) Home Country Filing Receipt/Priority Claims Details in English Notarized by Notary Public in the case of priority claim.
5) The certified copy of home country registration certificate patent along authenticated translation in the English language by a Notary public thereof.