Patent Registration Process in Nepal | WIPS Law Associates
The term patent refers to an exclusive right of an invention, given to its owner which protects the invention from being copied, produced, and sold by other parties without the owner’s consent.
However, patents can be traded.
A patent is very helpful in protecting one’s ideas and inventions from being copied.
Basically, there are two types of patent:
1. Ordinary patent:- Only protects the patent within the country.
2. Convention patent:-
Nepal is a member of the Paris Convention for the Protection of Industrial Property. Paris Convention has 177 member countries. And the one who applies for a convention patent gets their innovation protected in 177 member countries.
Registering a patent in Nepal requires submitting an application to the Department of Industries(DOI).
The applicant must submit the documents mentioned below:
-Details of the applicant. (Name, occupation, address)
- Drawing or sketch of the invention.
-An article on the invention’s specification, ways to operate & utilize it.
-If the applicant is not the inventor, they need to submit a document that claims their right over the invention. Such documents should be any kind of agreement or rights granted by the inventor to the applicant.
-Bill of the sum paid for the application.
-A copy of power of attorney.
-If one applies for convention patent registration, the applicant needs to submit a copy of their home country patent.
A patent application will be canceled under the following conditions-
-If the patent is already registered in others’ name.
-If the applicant is not the inventor and has no rights from the inventor.
-If the invention opposes the nation’s law.
-If the invention has an adverse effect on health, people, morale, or national interest.
Once the applicant submits the application, the Department of Industries(DOI) examines if the proposed patent is already registered or not, if the invention is useful or not, and checks whether the submitted documents meet the requirement or not. This process of examining takes about 12 to 24 months.
If the application passes all criteria the Department of Industries publishes it in the “IP Bulletin” about a month later. One willing to get a copy of the patent can purchase it.
However, if someone has any complaint about a patent they can lodge it within 35 days of its publication or within 35 days after seeing it & the department will take necessary actions.
The cost of Patent registration in Nepal is Rs.12000.
(Rs.2000 for the application and Rs.10000 for registration)
Patents are valid for 7 years from the date of registration. One shall renew the patent within 35 days of expiry. In case one fails to renew within the tenure of 35 days, they can still apply for renewal within 6 months of expiry with a penalty of Rs.1,000. Otherwise, the patent will be canceled.
One can renew the patent for 7 years or for two tenures (14 years).
The renewal fee for the first tenure is Rs.35,000 (Rs.5000 per year).
And the renewal fee for the second tenure is Rs.52,500 (Rs.7500 per year).