Patent

 A patent is government authority or license granted for an invention, which gives its owner
the legal sole right to exclude others from making, using, or selling an invention for a
limited period of 20 years.
 A patent owner has the right to decide who may or may not use the patented invention for
the period in which the invention is protected.
 The patent owner may give permission, or license, to other parties to use the invention on
mutually agreed terms.
 The owner may also sell the right to the invention to someone else, who will then become
the new owner of the patent.
 Once a patent expires, the protection ends and invention enters the public domain, that is,
the owner no longer holds exclusive right to the invention which becomes available to
commercial exploitation by others.
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 Each type of patent has its own eligibility requirements and protects a

specific type of invention or discovery
 It is possible for one invention or discovery to potentially have more
than one type of patent available for it.
 For example, if a person invents an object and he or she wishes to
patent both the functional features and the design of the object, the
inventor would have to apply for two separate patents (both a utility
and design patent).
What Makes An Invention Patentable?

 "Novel" means the invention was never described in a patent,

published patent application or other publication, and never in
public use or on sale, by others before you filed your application.
 "Useful" generally means that the invention does something,
anything at all.
 “Not obvious" means the invention must not be an obvious
development of what has gone before, in the judgment of an
ordinary person skilled in the applicable field.
Types of patent

 There are two types of patents:

 Utility patents
It covers processes, compositions of matter, machines, and
manufactures that are new and useful. 
 Design patents
It is available for the invention of new, original, & ornamental designs
for articles of manufacture.
What can be patented?

 Process, Method or Manner of manufacture

 Machine, Apparatus or other articles
 Substances produced by manufacturing
 Software which has Technical application to Industry or is used with
Special Hardware
 Product Patent for Food / Chemical / Medicines or Drugs
 Improvements to any of the above
 What Is Not Patentable?
 The following shall not be regarded as invention within the meaning of the
Patent ordinance, 2000
  A discovery, scientific theory, law of nature or mathematical method;
  Invention against the “order public” or morality, including to protect human,
animal or plant life or health or to avoid serious prejudice to the environment;
  Plants and animals other than micro-organisms, and essentially biological
processes for the production of plants or animals other than non-biological
and microbiological processes;
  Diagnostic, therapeutic and surgical methods for the treatment of humans or
animals;
 A new or subsequent use of a known product or process; and
  A mere change in physical appearance of a chemical product.
The Patent Office

 The Patents Office was established under the provision of Section 55 of the
Patents & Designs Act, 1911, in year 1948 as an attached department of Ministry
of Industries & Production, Government of Pakistan. This Act of 1911 was
amended in compliance of TRIPS agreement and promulgated as the Patents
Ordinance 2000 & the Registered Designs Ordinance, 2000. In addition to above,
the law of Registration of Layout Designs of Integrated Circuits has also been
promulgated as “Registered Layout-Designs of Integrated Circuits Ordinance,
2000”. Since April, 2005 the Patents Office currently is a part of Intellectual
Property Organization of Pakistan.
Types of Patent Application

 Patent applications can be applied in the following manners:

  An ordinary patent application with “provisional or complete specification”,
which is dated as of the official date of the application for the patent.
 A convention patent application claiming “right of priority”, which is dated as
of the official date of the corresponding application for patent first made in a
country which is the member of WTO (World Trade Organization).
  Application for a patent of addition, for improvement or modification of an
invention for which a patent has already been applied for or granted.
 Application for patent
1) Every application for the patent shall be made in the prescribed form and
shall be filed at the Patent Office in the prescribed manner and shall
contain a declaration to the effect that the application is in possession of
an invention of which he, or in the case of the joint application, at least
one of the applicants, claims to be the true and the first inventor of or the
legal representative or assignee of such inventor or, as the case may be,
inventors, provided that where the inventor is not the applicant, he shall
be entitled to be mentioned as such in the application and if he is not so
mentioned the Controller may, upon an application made in the prescribed
manner and after hearing any interested person, insert the name of such
person as an inventor or co-inventor, as the case may be, if he is satisfied
that he be named as an inventor of the invention for which the applicant
desires to obtain a patent.
2) Where applications for protection have been made in one or more
Convention countries in respect of two or more inventions which
are cognate or of which one is modification of another, a single
Convention application may, subject to the provisions of section 15,
be made in respect of those inventions at any time within twelve
months from the date of earliest of the said applications for
protection.
3) Each application shall relate to one invention only.
4) The applicant may, before the acceptance of the application, divide
it into two or more applications, hereinafter referred to as divisional
applications, provided that each divisional application shall not go
beyond the disclosure in the first application.
 The Patent Cooperation Treaty
 It is an international treaty, directed by the World Intellectual Property
Organization (WIPO) concluded in 1970, amended in 1979 and modified in
1984 and in 2001..
 It is a Patent ‘filing’ system and not a Patent ‘granting’ system.
 While the PCT simplifies the patent filing process, the ultimate decision to
grant a patent rests exclusively with each national or regional patent Office.
 By filing one international patent application under the PCT, applicants can
simultaneously seek protection for an invention in a large number of
countries
Advantages of PCT
 One set of Formality Requirements in one language at one office
 International Search [Mandatory] which provides for the Written Opinion of the
International Searching Authority
 International Publication
 International Preliminary Examination Report [Optional] followed by a
National/Regional Phase before Designated Offices within 30/31 months and
only if the Applicant wishes to proceed
 Postpones major costs and provides additional time to consider various patenting
options
 Provides a strong basis for patenting decisions
Where to file the International Application

 Local or national patent office

 Directly with the international bureau of WIPO,
 Regional receiving office (the ARIPO, the eurasian patent
convention, the european patent convention or the OAPI)
PCT procedure and sequence
 PCT PROCESS
The PCT process is comprised of the following main steps:
First Patent Application
1. Filing of a local patent application
International Phase
1. Filing of a PCT application
2. International search report (ISR) and written opinion
3. International publication on PATENTSCOPE puts the world on notice of their applications
4. Optional supplementary international search
5. Optional international preliminary examination
1. National Phase
 Processing of the PCT application before national and/or regional patent Offices
Filing of a Local (First) Patent Application

 A request
 A description
 One or more claims
 An abstract
 One or more drawings (where necessary)
 Payment of Prescribed fees
Filing of a PCT Application
 Have up to 12 months from the filing date of your local (first) application to file PCT
application with the receiving Office.
 Minimum Requirements to obtain an International Filing Date
 At least one of the applicants is a resident or national of a PCT contracting state
 The application must be in a language accepted by the receiving office
 The PCT application contains at least the following elements:
1.An indication that it is intended to be a PCT application
2.The name of at least one applicant
3.A description
4.A claim or claims
 Fees Payable
 Transmittal fee
 International filing fee
 Search fee
 Priority document fee
 Have up to one month from the date that the receiving office receives the
PCT application to pay the transmittal fee, international filing fee, and
search fee.
 Provides for a 90% reduction in the international filing fee for individuals
whose nationality and residence is in one of the pct contracting states.
International Search Report (ISR) and
Written Opinion of the ISA
 The applicant receives an international search report (ISR) and a
written opinion from a national or regional patent Office that has been
appointed as an International Searching Authority (ISA) ISR within 16
months from the filing date of the local application
 The ISR will contain citations of patent documents and other
technological references relevant to the patentability of your invention.
 The written opinion complements the ISR by providing a preliminary
nonbinding patentability assessment of your invention taking into
consideration the references contained in the ISR.
International Preliminary Report on
Patentability (Chapter I)
 If a demand is not filed, after having considered the written opinion
of the ISA, the WIPO will attach a cover sheet to this written
opinion effectively converting it into the international preliminary
report on patentability (Chapter I).
International Publication

 The International Bureau of WIPO publishes the PCT application on

PATENTSCOPE® shortly after 18 months from the priority date of
your PCT application.
Supplementary International Search
(optional)
 The request for supplementary international search may be filed
anytime prior to the expiry of 19 months from the priority date.
 In case where a more complete overview of the prior art is desired,
particularly in respect of specific languages.
 The supplementary international search report prepared by the
International Searching Authority is available within 28 months
from the priority date.
Filing of a Demand for International Preliminary
Examination (Chapter II) (optional)

 A demand for international preliminary examination is filed with a

national or regional patent Office that has been appointed as an
International Preliminary Examining Authority (IPEA) under the
PCT.
 Each PCT Member State has appointed at least one IPEA to
perform international preliminary examinations for its applicants,
referred to in PCT terms as the “competent” IPEA.
 It may be filed within 22 months from the priority date of the PCT
application.
International Preliminary Report on
Patentability (Chapter II)
 Within 28 months from the priority date, the IPEA sends an
international preliminary report on patentability (Chapter II)
containing the opinion of the IPEA for national or regional Offices
to use in assessing the patentability of the invention.
 This report is a non-binding opinion on patentability.
Entry into the National Phase

 It represents the end of the international phase of the PCT procedure

and the beginning of the national patent grant procedure.
 20 or 30 or 31 months time limit to enter national phase
 The international preliminary report on patentability (either under
Chapter I or Chapter II), received helps to evaluate the chances of
obtaining a patent in the countries of interest.