Patent Rights and Registration in Nepal
A patent is a form of rights to an investor granted by the government to gain material benefits from an invention for a limited time. It is a special right granted by the government for the creation of an invention. The procedures of obtaining patent rights in Nepal as mentioned in the Patent, Design, and Trade Mark Act 2022:
1. Application Submission
A person seeking to register a patent must submit an application to the Department of Industry (DOI), including:
– Name, address, and occupation of the inventor.
– If the applicant is not the inventor, details on how they acquired the rights.
– The process of manufacturing, operating, or using the patent.
– The theory or formula on which the patent is based.
– Drawings and details of the patent, along with the prescribed fee.
2. Investigation by the Department
Upon receiving the application, the DOI conducts an investigation to determine:
– Whether the invention is new.
– Whether it is useful to the public.
– Whether it meets legal requirements for patentability.
– Based on this assessment, the department decides whether to register the patent.
3. Circumstances for Rejection
A patent cannot be registered if:
– It is already registered under another person’s name.
– The applicant is not the original inventor.
– The patent adversely affects public health, conduct, morality, or national interest.
– The registration of the patent violates existing Nepalese laws.
4. Registration of Patent
– Once a patent is registered, it is published in the Nepal Rajapatra (official government gazette) for public awareness, unless it needs to be kept secret for national security.
– Anyone can view or copy the patent details upon payment of a prescribed fee.
– If someone has objections, they can file a complaint within 35 days of publication.
– The DOI will investigate any complaints and take necessary action.
5. Term of Patent
– A patent is valid for 7 years from the date of registration.
– After expiration, the patent must be renewed under Section 23B.
6. Submission of Design or Model to Government Archives
– The patent holder must submit a copy of the design or model of the patented invention to the National Archive as per the act.
This structured process ensures that patent rights are properly granted, protecting inventors while promoting innovation and public interest.