Section 2(a) of the Patent Design and Trademark Act (PDTA) defines Patent as, “Any useful invention relating to a new method of process or manufacture, operation or transmission of any material or a combination of materials, or that made on the basis of a new theory or formula.” The title of the patentee to the patent shall be valid only for a period of seven years from the date of registration. The Patent has to be renewed within a period of 35 days from the date of expiry. Renewal may also be made by paying a fine of One Thousand Rupees within six months after the expiry of the time-limit. The Patent cannot be renewed more than two time (Seven Years at a time). The Renewal fee is Rs.5000 for the first time and Rs.7500 for the second time.
The Process of Patent Registration in Nepal as per Patent, Design and Trademark Act (PDTA) 2022 is as stated below:
Step: 1 Submission of Application for the registration of Patent as per Schedule 1(a) of the Act. The applicant shall also submit map and drawings along with particulars, of the patent. Along with the application, the applicant shall also submit available evidence in his/her possession:
- Name address and occupation of the parson inventing the patent,
- If the applicant him/herself is not the inventors, how and in what manner he/she acquired title thereto from the inventor.
- Process of manufacturing, operating or using the patent.
- The theory or formula if any, on which the patent is based.
Step: 2 Payment of Fee for the Application Registration i.e. Rs.2000 to the Department.
Step: 3 Investigation by the Department: Before Registering a Patent, the department may conduct necessary investigation to determine:
- whether the patent investigations in the application is a new invention or not?
- whether it is useful to the general public or not?
Step: 4 Notice to the Applicant: The department if finds that the patent cannot be registered, it shall inform the applicant about the reason behind the patent not being registered.
Following are the Circumstances in which a Patent cannot be registered:
- In case the patent is already registered in the name of any other person,
- In case the applicant him/herself is not the inventor of the patent and if he/she has not acquired rights over it from the original inventor,
- In case the patent sought to be registered is likely to adversely affect the public health, conduct or morality or the national interest,
- In case it is contradictory to the prevailing laws
The department may cancel the registration of any patent if the above mentioned point are met and before cancelling the registration of any patent the department shall provide reasonable opportunity to the patentee to show the cause, if any, why the registration of this patent should not be cancelled.
Step: 5 Issuance of Registration Certificate: Department shall after completing necessary investigations issue a registration certificate in a format as specified in Schedule 2 (a) to the applicant. The applicant shall pay a registration fee of Rs.10000 to the Department.
Step: 6 Publication of the Patent: Other than those which must be kept secret in the national interest, shall be published by the Department in the Nepal Gazette for the information of the public.
In case anyone has any objection to such a patent, one may file a complaint with the Department within a period of 35 days from the date of seeing or copying the patent. The objection fee is Rs.1000.
Step: 7 In case any complaint is received, the Department shall take necessary Action after conducting inquiries