Understanding the Patent Prosecution Procedure in Nepal
What is the procedure for grant of patent in Nepal?
PATENT APPLICATION EXAMINATION IN NEPAL:
On receipt of application submitted by the applicant, the Department shall, on the advice of experts if so considered necessary, conduct all investigation to determine whether the patent application meets the statutory requirements or not. The Examination is conducted in two ways:
a) Formality Examination is made to determine whether the application fulfills the necessary procedural and formal requirements. The Department shall invite the applicant to correct where necessary documents are missing.
b) Substantive Examination is carried out by the examiners to assess the patentability of the invention to ascertain whether:
1) The claimed invention is patentable subject matter or not.
2) The claimed invention is novel, an invention is new if it is not anticipated by the prior art. 3) It can be applied for practical purposes for its utility or possesses industrial applicability.
4) The application must disclose the invention in a manner sufficiently clear for the invention to be carried out by a person skilled in the art.
5) It possess inventive step if there is a clearly identifiable difference between state of the art and the claimed invention.
In case the Department concludes that the claimed invention should not be registered in the circumstances it does not satisfy the statutory requirements, it shall give a notice to the applicant to the effect that the patent application cannot be registered.
GRANT OF PATENT IN NEPAL:
On receipt of applications filed for registration of a patent, the Department shall, after completing necessary investigations, issue a registration certificate to the applicant on payment of registration fee.
PUBLICATION OF GRANTED/ REGISTERED PATENT IN NEPAL :
• The patent applications filed are published by the Department except those which are to be kept undisclosed for national interest.
• Any person desirous of obtaining a copy of the statement or drawing of a published application in patent journal, may seek the same after payment of fee as prescribed.
PATENT TERM AND RENEWAL IN NEPAL:
When the application for Patent is found in order of grant, the patent is granted by the Patent Office in Nepal. The term of patent in Nepal is for seven years from the date of registration. The patentee shall renew the patent within 35 days from date of expiry by paying a fine of One thousand rupees within six months after the expiry of the time-limit.
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