A patent grants exclusive rights to an invention to make, sell and use the invention for a period of 20 years. Patent grants prohibit others from using, making, or selling the invention. Patent protection is not effective until the patent is actually granted.
The patent owner can decide who may use the patented invention during the protection period. A patent owner can grant permission or license to others to use the invention under mutually agreed terms. Another option is to sell the rights to the invention to another person, who will become the new patent owner. The protection ceases once a patent expires. Inventions become available for commercial exploitation by others.
In the public interest, it is desirable that industrial techniques be improved. Monopoly rights can be granted instead of disclosure of an invention, i.e. advancements in technology. To encourage improvement and also to encourage the disclosure of inventions in preference to keeping them secret. Any inventor who develops any improvement to a manufactured article, or to machinery or methods of making it may request a monopoly on its use for a restricted period of time. It becomes public after that time.
In 1948, the Patents Office was created under Section 55 of the Patents & Designs Act 1911. It is an attached department of Ministry of Industries & Production of Pakistan. This Act of 1911 was modified in accordance with TRIPS agreement. It was promulgated as The Patents Ordinance 2000 and the Registered Designs Ordinance 2000. The law of registration of layout designs of integrated circuits has been amended to reflect the above. It is also known as “Registered Layout Designs of Integrated Circuits Ordinance 2000”. The Patents Office is now part of the Intellectual Property Organization of Pakistan since April 2005.
These are the ways patent applications can be filed:
– A regular patent application with “provisional” or “complete specification”, which is dated at the official date of the patent application.
Convention patent application claiming “right to priority”, which is dated at the official date of the original application for patent in the same country as the WTO (World Trade Organization).
– Application for patent of addition, improvement or modification to an invention that has been granted or applied for.
Type/nature of office action
Average time for disposal
On filing a request, Acknowledgement Receipt is issued. These steps include:
On application, 1 and Examination Report are issued.
These steps are included:
Reconsider Action on Reply Received from the Applicant
Acceptance and publication upon compliance with all legal / codal requirements. These steps include:
Publication/Notification of “Sealing Is Due” to Patent Application – where there is no opposition. These are the steps it includes:
After receipt of the fee and form P-10, registration certificate of patent is issued
Time to resolve Patent Opposition proceedings
Patent Search Report upon request on form P27
Other requests that are not required hearing such as:
Process time to decide Patent Revocation proceedings
To be patentable, an invention must have these characteristics:
– The invention must be a process or product
– The invention must be original or new
It requires an ingenious step
It can be used in industrial applications
Patent applications are subject to the Patents Ordinance 2000 and Rules thereunder for technical and legal merits. These characteristics will be briefly described below.
Invention is any useful and new product or process in any area of technology. It also includes any improvement and new use of existing products. A “process” is any art, process, method, or way of manufacturing a new product. A “product” is any substance, article or apparatus.
If an invention is not part of the state-of-the art, it shall be considered novel or new. The entire state of the art includes all information disclosed to the public in any form, including oral disclosure or publication in tangible form, before the filing, or where applicable, the priority date of the invention application.
Public use or knowledge of an invention anywhere on the planet before the filing date would be detrimental to the invention’s novelty. Patent applicants should ensure that their inventions are not used in public anywhere in the world prior to filing their patent applications. Before applying for Patents, it is important to avoid publication of the invention.
However, a disclosure of a patentable invention with respect to goods does not constitute “state of the art” if the article is displayed at an official or recognized international exhibition within 12 months of the date of filing a request for patent grant.
If an invention is not obvious to someone skilled in the art prior to the date of the patent application, it will be considered to involve an inventive step. Patentability requires that the invention be new and not existing. Patents for the new use of a well-known contrivance are not patentable. The invention is not made if the new use is without ingenuity and is similar in purpose and manner to the original use. The prior art should undergo a substantial change, improvement, or addition.
If an invention is manufactured or used in an industrial setting, it will be considered industrially applicable.
These are not inventions within the meaning of Patent ordinance 2000
– A discovery, scientific theory or mathematical method.
– A literary, dramatic, musical, or artistic work, or any other creation with purely aesthetic characteristics.
A scheme, rule, or method to perform a mental act, play a game, or do business.
– The presentation of information using computer software.
– That exist in nature, or that are isolated from.
– Plants and animals other that micro-organisms and essentially biological processes to produce plants and animals.
– Diagnostic, therapeutic, and surgical methods to treat humans or animals
– A new or subsequent use of an existing product or process;
Mere physical change in the appearance of a chemical substance
STEPS OF REGISTRATION