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Introduction
Examination
Patent, Design and Trademark Act 2022 (1965
AD) ("PDTA") provides for the protection of PDTA provides that patents can be registered
patents in Nepal. A patent has been defined as a without conducting any inquiries if it has already
useful invention invented through a new method been registered in any foreign country and an
or process of the construction operation or application is filed for its registration along with
publicity of a material or collection of materials a certificate of its foreign registration. However,
or through any principle or formula. in practice, DOI conducts its own examination
of the novelty of patents.
Scope of Protection
Our experience indicates that it usually takes
Nepal adopts the "first to file" principle (not first several years (2 to 5 years) to complete the
to invent). Registration is the prima facie evidence registration process of a patent in Nepal.
and the only method of obtaining rights to a
patent in Nepal. PDTA does not grant any Documentary Requirements
statutory protection to unregistered patents. To
obtain statutory protection to patents in Nepal, The following documents are required for
proprietors of foreign patents must first register registration of a patent:
their patents in Nepal.
Application for registration of patent (we will
The scope of protection of a foreign patent in forward you the draft of application form once
Nepal shall be to the extent of its home you decide to proceed);
registration. A foreign company can register
patents in Nepal if such patents are already Deed of Assignment from the inventor to the
registered in any foreign country. Foreign applicant, if applicable (we will forward you
patents are entitled to priority date protection the draft of Deed once you decide to proceed);
under the Paris Convention for the Protection of
An authentic copy of the certificate of
Industrial Property 1883.
registration from the patent office of any
Application for Registration foreign country where the patent has been
registered (a notarized English translation
The registration process of a patent begins with thereof if not in the English language);
filing an application at the patent office, known
as the Department of Industry (“DOI”) along Three copies of the specification of the patent;
with supporting documents. A foreign patent and
can be registered in Nepal according to its home
registration if it has already been registered in Power of attorney (we will forward you the
any foreign country. An application for patent draft of POA once you decide to proceed).
registration may be filed even if the invention
has not been used or known in Nepal.
Our firm’s service fees are as follows: Should you decide to avail of our services, please
feel free to write us and we will forward the
S.N. Particulars Service appropriate documents to you for signatures.
Fees
1. Search of patent USD 250.00
2. Filing of an USD 500.00
application
3. Registration of a USD 700.00
patent (without
opposition or
objection)
DISCLAIMER: INFORMATION CONTAINED IN THIS DOCUMENT IS ONLY FOR GENERAL INFORMATION PURPOSE AND
SHALL NOT BE CONSIDERED TO BE LEGAL OPINION.
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