A patent is a special right granted by the government for the creation of an invention. It is a type of intellectual property right that allows the holder of the right to use, sell, or distribute an invention for economic objectives. A patent right gives protection to inventions, designs, and new plant varieties.
According to the Patent, Design and Trademark Act 2022, the procedures for obtaining patent rights in Nepal are:
1. Submission of application: A person willing to patent registered in his name should apply to the department with the following information including all other evidence:
- The name, address, and profession of the inventor.
- If the invention was not created by the applicant, an explanation of how rights were obtained from the original inventor.
- A description of how the invention works or how it can be used.
- Any principles or formulas that the patent is based on, if applicable.
- Drawings or sketches of the invention, if necessary.
- The application fee is specified in the guidelines.
2. Examination of patent applications: The examination of patent applications is the process by which patent offices determine whether an invention can be patented. This includes reviewing the application for proper format and determining whether the invention is novel, useful, and not obvious. If everything is in order, the patent is granted; otherwise, the applicant may need to address issues raised by the examiner.
3. Certificate of Registration: When a patent is approved, a Certificate of Registration is issued as official proof of its validity. It includes important information such as the patent number, title, names of the inventor(s), grant date, and duration. This certificate is necessary for patent holders to demonstrate their rights and can be used if someone attempts to copy their invention.
4. Publication of Registered Patents: Once granted, a patent is published in a patent database or journal, allowing the public to learn about the invention. This publication informs others about the patent and contributes to overall knowledge in the field. It also creates a public record that patent owners can use to protect their rights. This usually occurs several months after the patent is granted.
5. Term and Renewal of Patents: The patentee should have his right to the patent for a period of seven years from the date of registration. The Pantentee should renew the patent within 35 days from the date of expiry having paid the fee mentioned in the schedule. Renewal of a patent may be made for two times of seven years.
In conclusion, obtaining a patent involves submitting an application that details the invention and its inventor, followed by an examination by the patent office. If approved, a Certificate of Registration is issued, and the patent is published for public knowledge. Patents last for seven years and can be renewed for two additional seven-year periods, protecting inventors’ rights.