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The patent design and trademark act 2022 was authenticated in Bhadra 2022 B.S. to update legal arrangements for patents, designs, and trademarks in Nepal.
Patent Design and Trade Mark Act 2022 1965 aims to increase the convenience and Economic Benefits of the General Public through Patents, Designs, and Trade Marks.
Definition of Key Terms
(a) “Patent” refers to any valuable invention related to a new method of creating, processing, manufacturing, operating, or transmitting materials, or a combination of materials, or something created based on a new theory or formula.
(b) “Design” pertains to the shape or form of any manufactured object, created in any way.
(c) “Trade-mark” denotes a word, symbol, picture, or a combination of these, used by a firm, company, or individual to distinguish their products or services from those of others.
Patent
Chapter 2 Section 3 of the Act has provisioned for the acquisition of Patents. It has been mentioned that an individual must register a patent in their name to obtain rights over the patent.
No one can be authorized to copy, use, or claim ownership over a patent registered in someone else’s name without transferring its ownership or obtaining Written Permission.
Application for Patent
To have a patent registered in one’s name, one must submit an application to the respective Department with the following information:
(a) Name, address, and occupation of the inventor.
(b) If the applicant is not the inventor, details of how they acquired the patent from the original inventor.
(c) Information about the manufacturing, operation, or use of the patent.
(d) Any theory or formula on which the patent is based.
It must include maps and drawings of the patent along with its details and the required Fee.
After the application has been received, the Department conducts the necessary investigation and determines whether the patent is a new invention and if it is beneficial to the Public. Consult a Leading Law Firm or Lawyer to understand the details of Patent, Design, and Trademark Registration.
Unregistrable Patents
The Department cannot register a patent under the following conditions:
(a) If the patent is already registered in someone else’s name.
(b) If the applicant is not the inventor or hasn’t acquired rights from the original inventor.
(c) If the patent is likely to harm public health, conduct, morality, national interest, or contravene existing laws.
Registration
Patents that are registered under this Act are published in the Nepal Gazette for Public Information. Individuals wanting to view or copy patent details, maps, and drawings may do so by paying fees. They can also file a complaint within 35 days of viewing the patent because of objections.
Terms
A patent is valid for Seven Years in Nepal from the date of Registration.
Penalty
If individuals commit crimes by violating Patent Rights, they are liable for a fine of up to NPR 5,00,000.
Design
As stipulated in Section 12, an individual can gain ownership of the design of any manufactured Article after it has been registered. No one can copy or use a design registered in another person’s name without Transferring ownership or obtaining Written Permission.
Application for Design
To register a design of a manufactured Article in Nepal, an individual must apply in a prescribed format (Consult a Lawyer) to the Department. It should include four copies of the design, maps, drawings, and other details. The Application must pay the application fee as well.
Registration
After the application has been received for Design Registration, the Department registers the design in the name of the applicant and issues a certificate confirming the Patent. The Applicant must pay the design registration fee to obtain the certificate.
Terms
A Design’s Title is valid for five years from the date of Registration unless it is renewed.
Penalty
Individuals who illegally harm the Design Rights of the Owner may be fined up to NPR 50,000 and confiscation of articles and goods connected with the offense.
Trademarks
An Individual can acquire ownership of Trademarks for their business upon registration under Section 16 of the Patent, Design, and Trademark Act.
No one is allowed to copy or use a trademark registered in another person’s name without transferring ownership or obtaining written permission.
Application for Trademark
To register a Trademark in Nepal, one must apply to the Department (Consult a Law Firm). It should include four specimens of the Trademark.
The Department conducts investigations and conducts further inquiries before the verification of the Trademark. It conducts the Investigation by complimenting the Copyright.
Registration
When an Individual files an application for Trademark Registration in Nepal, the Department will register the trademark in the name of the applicant and issue a certificate.
To obtain a certificate, the applicant must pay the registration fees to the Department. However, no trademark can be used as a registered trademark without registering it to the Department.
Terms
The Title of the person in whose name the trademark has been registered is valid for seven years from the Registration Date unless it is renewed.
Punishment
Individuals who violate Trademark Laws in Nepal can be fined up to NPR 1,00,000 along with the confiscation of Articles and Goods related to the offence.
Transfer of Ownership
The owner of a patent, design, or trademark has the right to transfer ownership or grant written approval for its use.
If there is an intention to transfer ownership or provide or receive approval for the use of a patent, design, or trademark both parties need to jointly apply with the Department, accompanied by the required fees.
After the application has been received the Department proceeds with the transfer of ownership or grants approval for the use of the Intellectual Property. After it has been transferred, the name of the recipient will be updated accordingly.
Procedure for Renewal
The Holder of a patent, design, or trademark must renew it within 35 Days from the expiry of the initial term of the Intellectual Property. It must be followed with an application for renewal and payment of prescribed fees.
It can be done by paying a fine of NPR 1,000 within six months from the expiration of the time limit.
- A Patent can be renewed for a maximum of two times in Nepal for Seven Years each.
- A Design can be renewed for a maximum of two times each for five years in Nepal.
- A Trademark can be renewed any number of times in Nepal, each time for seven years.
Fees for Patent, Design, and Trademark in Nepal
The following is the list of fees for the application, registration, transfer, and copy of the Patent, Design, and Trademark in Nepal:
(a) Annual Rate for the First Time:
- Application Registration Fees:
- For Patents: Rs 2000/-
- For Designs: Rs 1000/-
- For Trademarks: Rs 2000/-
- Application Amendment Fee:
- For Patents: Rs 500/-
- For Designs: Rs 500/-
- For Trademarks: Rs 500/-
- Registration Fee:
- For Patents: Rs 10,000/-
- For Designs: Rs 7,000/-
- For Trademarks: Rs 5,000/-
- Transfer Fee:
- For Patents: Rs 5,000/-
- For Designs: Rs 3,000/-
- For Trademarks: Rs 2,000/-
- Endorsement Fees for Amendment
- For Patents: Rs 2,000/-For Designs: Rs 1,000/-
- For Trademarks: Rs 1,000/-
- Fees for the Information of Registration Details:
- For Patents: Rs 750
- For Designs: Rs 750
- For Trademarks: Rs 500/-
- Fees for Complaint and Objection:
- For Patents: Rs 1,000/-
- For Designs: Rs 1,000/-
- For Trademarks: Rs 1,000/-
- Fees for a Copy of the Registration Certificate:
- For Patents: Rs 1,000/-
- For Designs: Rs 1,000/-
- For Trademarks: Rs 1,000/-
- Renewal Fees:
- For Patents: Rs 5,000/-
- For Designs: Rs 1,000/-
(b) Annual Rate for the Second Time:
- For Patents: Rs 7,500/-
- For Designs: Rs 2,000/-
(c) Annual Rate for the Trademark Each Time:
- For Trademarks: Rs 500/-
What is a patent, design, and trademark?
A patent grants exclusive rights to an inventor for a specified period. Design refers to the visual appearance or ornamentation of a product. A trademark is a recognizable sign or symbol that distinguishes products or services of one entity from others.
How can I file a patent in Nepal?
To file a patent, submit an application to the relevant department with detailed information about the invention, along with drawings and maps. The department will conduct an investigation to determine the novelty and public benefit of the invention before granting the patent.
What is the difference between a patent and a trademark?
Patents protect inventions, granting exclusive rights to use, make, or sell them. Trademarks protect brands and logos, ensuring the identity of goods or services.
What is the Law of Patent and Trademark in Nepal?
The Patent Design and Trademark Act 2022 outlines the legal framework for registration, protection, and enforcement of intellectual property rights in Nepal.
Disclaimer: This article is for informational purposes only and shall not be construed as legal advice, advertisement, personal communication, solicitation or inducement of any sort from the firm or any of its members. The firm shall not be liable for consequences arising out of any action undertaken by any person relying on the information provided herein.