• LAW

• MEMBERSHIP

PARIS CONVENTION, SINCE JULY 2001.

WIPO ESTABLISHING CONVENTION (STOCKHOLM CONVENTION); MEMBER SINCE FEBRUARY 4, 1997.

TRIPS

RIGHT OVER THE PATENT

• Any person, willing to have rights on any patent, has to register such patent under the Patent Design and Trademark Act.
  
  
• Any patent registered in the name of any person shall not be copied use used or property.
  
  
• Ownership of a patent can be transferred in any way to any person as movable property.
  
  
• If any body does or attempt to do so or encourage to do any work against these rights of patentee may be punished with a fine by order of the Department and all the materials related with such offence shall be confiscated.
  
  

REQUIREMENTS FOR FILING

1. A power of attorney signed by the applicant sealed and attested by two witnesses.

2. An application form executed as above.

3. Notarized copy of specification and claims including the nature of invention in the English language.

4. Home Country Filing Receipt/Priority Claims Details in English Notarized by Notary Public.

5. The certified copy of home country registration certificate patent along authenticated translation in the English language by a Notary public there of (We can submit it later).

UN-PATENTABLE INVENTION

• If it has already been registered in the name of other.
  
  
• If the patent asked to be registered is not invented by the applicant himself and he has not acquired the right from the inventor.
  
  
• If the patent asked to be registered is found to cause adverse effects on health, conduct or morale or people in general or in the national interest.
  
  
• If it violates any prevailing laws of Nepal.
  
  

EXAMINATION OF PATENT APPLICATION

• The Department upon submission of a patent application examine the invention whether it is new or not, it is useful to the people in general or not
  
  
• If it deems necessary , The Department takes the advice of experts in the related field
  
  
• Basically, the Department fallow the principle of Novelty, Industrial applicability and inventive step to examine
  
  
  
  

CERTIFICATES OF REGISTRATION

• If the Department found the patent application is patentable after examination provide certificates to the applicant
  
  
• Applicant shall pay a registration fee as prescribed in schedule.
  
  

PUBLICATION OF REGISTERED PATENT

• The Department shall publish all patents, except those to be kept secret for national interest in journal.
  
  
• Anybody willing to see or take a copy of the statement, drawing or sketch of a patent published in journal may see or take a copy of such patent document on payment of a fee as prescribed.
  
  
  
  

OPPOSITION

• If any body has any complaint upon any patent, he may lodge such complaints to the Department within thirty-five days from the date on which the patent is seen or a copy of such patent document is taken.
  
  
• Upon receipt of the complaint, the Department takes necessary action through an investigation.
  
  

TERM AND RENEWAL

• Patentee shall have his right on the patent for a period of seven years from the date of registration.
  
  
• The patentee shall renew the patent within 35 days from the date of expiry having paid the fee mention in schedule.
  
  
• Renewal of a patent may be made for two times of seven years.

For obtaining the fee schedule and copies of the required documents for filing a Patent Application in Nepal kindly send us an e-mail at glap@wlink.com.np

• Patents
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• Copyrights
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