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Patent & Design

The Patent system

We offer services in respect of Patent throughout the —————-: advice on patentability of inventions, drafting patent specifications, filing and prosecuting patent and design applications, patent opposition proceedings, infringement and validity of patents and designs, novelty and infringement searches.

What is patent?

A Patent is a grant from the Government which confers on the grantee, for a limited term (20 years), the exclusive privilege of making, selling and using ‘invention’ and also of authorizing others to do so.

A patent is granted in exchange for the disclosure of an invention. A patent is not in the nature of a certificate endorsing the utility claimed for the invention in respect of which it is granted.

PITFALLS TO BE AVOIDED.

1)    It is a common experience that through ignorance of patent law, inventors act indiscreetly and jeopardize the chance of obtaining valid patents for their inventions. The most common of these indiscretions is to publish inventions in newspapers and scientific  and technical journals, before applying for patents. As the law stands at present, publication of an invention, even by the inventor himself,  would (except under certain rare circumstances) constitute a bar for the subsequent patenting of it.

2)    Another mistake which is frequently made by inventors is to wait until there invention are fully developed for commercial working, before applying for patents. Delay in making application for a patent involve risks namely, (i) that other inventors might forestall the first inventor in applying for the patent , and (ii) that there might be either an inadvertent thereof by others independently of him. It is therefore, advisable to apply for a patent as soon as the inventor’s idea of the nature of the invention has taken a definite shape.

3)    Another matter which should not be neglected by inventors is the clarification of their rights with reference to those of their employers, co-workers, contarctors in the course of the development of their invention, but also render the patent invalid.

LEGAL PROVISIONS:

The granting of patents in Pakistan is governed by the Patents Ordinance, 2000 as amended from time to time and Patents Rules, 2003.

PATENTABLE INVENTION:

In order to be patentable an invention should have the following characteristics:

  1. It should relate to a manner of manufacture (any process or apparatus for producing, preparing, or making an article by subjecting materials to manual, mechanical, chemical, electrical or the like operations, for  preserving or modifying their properties, or for producing new materials and also any article so prepared, produced, or made).
  2. The invention should be novel.
  3. It should be the outcome of inventive ingenuity.
  4. It should have utility.
  5. It should not be contrary to law or morality.

DIFFERENT KINDS OF PATENTS:

  1. An ordinary patent
  2. A patent claiming priority of date
  3. A secret patent
  4. A patent of addition.

FILING OF APPLICATION:

An application for a patent other than one for a secret patent should be made on the appropriate form. The application accompanied by the prescribed fee and necessary documents. Every applicant should give an address for service in Pakistan to which official communication may be made.

Requirements of patent filing

For local inventor

  1. Application form P1 for  single local inventor
  2. Application form P1A for more than 1 inventors/ applicants  endorsement/ signed is on back side
  3. NOC from Department
  4. P3A first page of specification with title abstract description and claims.

For foreign application

  1. App form P2 for single
  2. Application form P2A for more than 1 inventors endorsement/ signed is on back side
  3. P3A first page of specification with title abstract description and claims.
  4. Power of Authority p28 with ticket of PKR 500.