How to register the patents in Pakistan as similar to the registration of the design, whereas the patents are granted the exclusive rights by the Intellectual Property Organization for the inventions to making, using, and selling the invention for the specific time period. The owner of the intellectual property has the right to allow who may or may not use the inventions. Whereas the Intellectual Property Organization grants the license to the owner to protect his/her rights from the wrongdoers, the license may be valid for the 20 years. The information contained in this article provides the complete guideline while filing the patent application.
The Inventions That can be Patentable:
The inventions that have the following characteristics may be patentable;
- The invention should be capable of the industrial application.
- The inventive steps involve in the process or product.
- The invention should be novel or new.
The Work That Cannot be Patented:
- Discovery work, scientific theories in the research, law of nature, or mathematical method.
- The work that may apply for the copyrights.
- Method of doing businesses, applying the rules or schemes, etc.
- Computer software etc.
- Exist in nature or isolated form.
Patent applications are examined under the Patents Ordinance, 2000 and Rules, 2003 thereunder for both technical and legal merits.
Patent applications can be applied in the following manners:
- The patent application may be “provisional or complete specification”, which is dated as of the official date of the application for the patent.
- A convention patent application claiming “right of priority”, which is dated as of the official date of the corresponding application for the patent first made in a country which is the member of WTO (World Trade Organization).
- Application for a patent of addition, for improvement or modification of an invention for which a patent has already been applied for or granted.
File First and Publish Later:
Publish later another important aspect when you possess an invention, is that you do not publish the invention in any way before filing the patent application. A patent can only be granted for an invention that has not yet been disclosed to the public, neither in writing nor orally. The right way is to first file the application and then publish it.
Prepare a Patent specification:
- Prepare the complete patent specification in the prescribed form.
- Title of the invention that indicates the subject matter of that invention.
- Abstract the complete technical information of the invention that may not be exceeded from two pages.
- A4 size paper with minimum margins 2cm from top and bottom, 2.5cm from the left side, and 2cm from the right side.
- Describe the field of the invention.
- Describe why is the invention necessary or useful overview and background.
- A detailed description of the invention such as components and system.
- Define the claims in precise legal statements and define the scope of the invention.
- Drawings of the invention if it is necessary to describe the invention especially product inventions other than chemicals. Drawing(s) shall be as follows;
Top 2.5 cm Left side 2.5 cm Right side 1.5 cm Bottom 1.0 cm Execute the drawings without coloring in durable, black, sufficiently dense and dark, uniformly thick and well-defined lines and strokes to permit satisfactory reproduction.
How to fill the Forms:
There are two types of application non-conventional and conventional, describe as follows;
For the Non-Conventional application – Application without priority
- Form P-1 when the inventor is the sole/joint applicant.
- Form P-1A when the inventor(s) is not a part of the application and application is filing through the assignee, company, or organization.
- Form P-3 for Provisional Specification.
- Form P-3A for complete specifications.
For the conventional applications – Application with priority
An application filing in Pakistan within twelve months after the date of the application which is filed in a Convention country called the conventional application, whether claiming single or multiple priorities.
- Form P-2 when the inventor is the sole/joint applicant.
- Form P-2A when the application not filing through the inventor(s).
- Form P-3A for the complete specification.
How to pay the filing Fee:
- The following filing fees are applicable in the form of pay order or demand draft in favor of Director General, IPO – Pakistan:
- Application for complete specification Rs. 6,750/-.
- Application for provisional specification Rs. 2,025/-.
- For each additional page of specification beyond 40 pages Rs. 90/-
- For each additional claim beyond 20 claims Rs. 225/-.
Documents Required That How to Register the Patent in Pakistan:
Application form without priority
Application form with priority
For provisional patent specification
For complete patent specification
Drawing(s) – if needed
Annex two copies of all the documents.
Pay order or demand draft – Director General, IPO – Pakistan.
Power of Attorney – if the application is filing through the Representative.
If the Application if filing as convention application – Set of priority documents.
Not Objection Certificate (NOC).
Annex one copy.
How to register the patent in Pakistan with the complete and necessary information, the applications can be filed by mail or hand delivery on the IPO Regional offices.