Patent Registration in Nepal

What is a Patent?

A patent, for the purposes of Patent Registration in Nepal, is any applicable invention created through a new method or process involving any material(s) or principle/formula. A patent is a legal right granted for an invention that provides a new way of doing something or offers a new technical solution to a problem.

The Patent, Design and Trademark Act 2022 has defined a Patent as “Any useful invention relating to a new method of process or manufacture, operation or transmission of any material or combination of materials, or that made based on a new theory or formula.”

What are the Legal Frameworks surrounding Patent Registration?

Patent, Design, and Trademark Act 2022 is Nepal’s primary Legal Framework for Patent Registration. It has laid down the procedure of applying for Patent Registration, its Registration process, the required Documents, Terms and Renewal, and other relevant details of Patents in Nepal.

It outlines the procedures for registering a patent, the rights of patent holders, the criteria for patentability, and the penalties for infringement. It also established the roles and responsibilities of the Department responsible for patent registration.

What are the Rights of the Patent?

The Rights over a Patent in Nepal are as follows:

1. Exclusive right to use, sell, or license the patented invention.
2. Protection against unauthorized use, copying, or exploitation of the Patent.
3. Ability to transfer ownership of the Patent as movable property.
4. Legal recourse, including fines and confiscating materials related to infringement, against anyone who uses the Patent without permission.

What are the Requirements to file for Patent Registration in Nepal?

The Requirements for Filing for Patent Registration in Nepal have been outlined in the list below:

1. Under a patent.
2. The method of operation or use of patent making.
3. Maps and drawings as required with details of the Patent.
4. Details of claims sought to be secured.
5. Name, address, and occupation of the inventor.
6. Name and address of patent owner.
7. If the Patent is based on any theory or formula, the details thereof.
8. If the applicant is not the inventor, details of how the right was acquired from the inventor.
9. Payment of the Prescribed Application Fee

What is the Patent Registration process in Nepal?

Patent Registration in Nepal involves the Following Steps:

Step 1: Submission of a patent application.

Step 2: Preliminary examination of the application.

Step 3: Comprehensive examination to assess novelty, industrial applicability, and inventive step.

Step 4: Decision on patent registration.

Step 5: Publication of patent registration information in the Nepal Gazette.

Step 6: A period for filing complaints against the Patent, followed by an investigation if any complaints are received.

Step 7: A trial period of at least one year.

Submission of Patent Application

First, A Patent Application must be submitted to the Department of Industry, Sub Department at iponepal.gov.np. They are responsible for the registration of Patents in Nepal. It must include the abovementioned information, such as the Name, address, and Profession of the Inventor and the Invention Details.

Preliminary Examination

After the submission, the Department conducts a preliminary examination of the application. It has a legal compliance investigation for Patent Requirements and the missing parts of an Application.

Comprehensive Examination

Then, the application goes through a detailed examination. Here, the Department assesses the novelty, industrial applicability, and inventive step of the invention.

Decision on Patent Registration

Based on the Preliminary and Comprehensive Examination, the Department decides whether granting the Patent is agreeable. If it meets all the criteria, the Patent is approved for registration.

Publication of Patent

Once a patent is registered, its details are published in the Nepal Gazette. It is the public notice of the details and registration of the Patent.

Period of Opposition

After publication, there is a period (usually 35 days) during which anyone can file a complaint or oppose the Patent. It is done to prevent infringement on Existing Patents.

Investigation and Final Approval

If any complaints are received, the Department investigates these claims. The Department may either uphold the patent registration or revoke it. If no complaints are filed or resolved in favor of the patentee, the patent registration is finalized.

What are the Documents for Foreign Patent Registration in Nepal?

For Foreign Patent Registration in Nepal, the following documents are required:

1. A request for a refund.
2. Evidence of the date of admissibility if the initial application was made in other countries.
3. A certified copy of the patent registration certificate registered abroad.
4. Power of attorney, identity card, and mailing address in Nepal if a representative is nominated.
5. Receipt of submission of application fee.

What is the Term and Renewal of a Registered Patent?

In Nepal, the patentee has rights over the Patent for seven years from registration. This term can be renewed twice, each for another seven years, upon payment of the renewal fee within 35 days of expiration.