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PATENTS IN NEPAL

Understanding Law related to Patents in Bangladesh

What is a patent?

According to Nepal Patent Act, 1965, 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.’

Patent Rights 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 OfficeDepartment of Industries
Law in ForcePatent, Design and Trade Marks Act, 1965
Paris ConventionYes
PCTNO
Prosecution ProcessFiling Publication Opposition Examination Registration Renewal
Registration Term7 years from the date of registration
Renewal Term7 years from the date of previous registration

INVENTIONS NOT PATENTABLE IN NEPAL

Which inventions cannot be protected as patents 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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