Patent

Concept and legal provisions

Patent
 a bundle of monopoly rights, which give
the patentee the exclusive right to
exploit an invention for a stated period
 The right is a true monopoly giving the
patentee the right to prevent another
from exploiting the invention even
though devised independently.
Patent
 Grant of right to exclude others from
making, using or selling one's invention
and includes right to license others to
make, use or sell it.
Patent
 It connotes some sort of an agreement
between an inventor and state that no
one else shall be allowed to reap the
fruit of the labour and efforts of the
inventor.
Conditions to be fulfilled
For a patent or an invention to qualify for the
grant of a patent.
 There must be a useful invention

 Such invention must be absolutely original

 Such invention must not be frivolous

 Such invention must not be arrangement or

rearrangement of some earlier invention

Definition as per the Act
 Section 2(a) defines 'patent'.
 As a composition of an element or group
of elements or a new method or
technique in the field of communication
or transmission or any new useful
invention or discovery based on new
formula or principle
Legal provisions
 Section 3 (1)
 mandatory to register any patent under
this Act if the concerned person wants to
secure the right over such patent.
 Section 8
 provides that any patent registered under
this Act shall have the validity for a period
of only seven years.
Permission to use
 Section 3(2)
 provides that such registered patent shall
not be copied by any person or it shall
not be utilized or used in his own or
other's name without taking permission
from the owner of the patent.
Transfer of patent right
 The owner of the patent may transfer
the registered patent to any person in
any manner like any other movable
property in accordance with the Act.
Requirements for application to
acquire the right over the patent

 The following details must be stated in the

application along with all the available proofs for the
registration of the patent under section 4
 The profession, name and address of the inventor.

 If the inventor is not the applicant himself, then

he must state how the right over that patent is

acquired from the inventor.
 The process of making that patent and the

method for its operation and utilization

 If that patent is based on any special formula or

principle, then such formula or principle

 Detail description along with the figure and

sketches of the patent and application fees

 After the application is filed, the concerned
department, if it is required,
 may take advice of specialists and study and
confirm whether the patent so submitted for
registration is a new invention or not and
 whether it is useful for the public or not and decide
over the possibility of registration of the patent
accordingly.
 If it found to be unqualified for registration then,
the applicant shall be informed about it.
Restriction on patent registration

 The department shall not register the

following patents under Section 6 of the Act:
 If the patent so submitted for registration is
already registered in any other's name
 If the patent is not invented by the person wanting
to register it
 If the patent submitted for registration is likely to
have adverse affect on the health of the public,
good behavior or morality or national interest
 If it is inconsistent with the existing laws of the
land
Registration of patent

 Section 7 provides
 that in absence of such restrictive ground,
any patent shall be registered after
carrying out required investigation and
certificate of registration shall be given to
the applicant.
Publication
 The concerned department shall publish all the
patents registered in accordance with the Act in the
Nepal Gazette for the public except those ones,
which are to be kept secret for national interest.
 Any person may see or acquire the photocopy of
the details or its picture or sketches from the
department and if there is any objection, he may
file a complaint within 35 days from the date of
such knowledge.
 Then the department shall take the action
accordingly after carrying out required
investigation.