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 used or utilized without the patentee’s written consent.
- Ownership of a patent can be transferred in any way to any person as movable property.
- If nay body does or attempt to do so or encourage to do any work against these rights or patentee may be punished with a fine by the order of Department and all the materials related with such offence shall be confiscated.
Apply for Acquiring Patient Right
- Person willing to patent registered in his own name shall have to apply to the Department with following information including all other evidence.
- Name, address and profession of inventor.
- In the case of the invention not invented by the applicant himself, the conditions acquiring such right from investor by the applicant.
- Method of operation or utilization of such invention.
- Principle or formula, if such patent is based on any principle or formula
- Drawings and sketch of invention (if necessary)
- Prescribed application fee as mention in schedule.
- 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 the right from the inventor.
- If the patent asked to be registered is found to cause adverse effect in health, conduct or morale or people in general or in the national interest.
- If it violates any prevailing laws.
Examination of Patent Application
- 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, Department takes the advice of experts of related field.
- Basically, Department follows the principle of Novelty, Industrial applicability, and Inventive step to examine.
Certificates of Registration
- If Department found the patent application is patentable after examination provides certificates to the applicant.
- Applicant shall pay a registration fee as prescribed in schedule.
- If anybody has any complain upon any patent he may lodge such complain 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 complain, Department takes necessary action through an investigation.
Terms 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 date of expiry having paid the fee mention in schedule.
- Renewal of a patent may be made for two times of seven years.