PATENT DESIGN AND TRADE MARK ACT 1965

PRESENTED BY - SUMU KOIRALA & DIPESH BHANDARI

BUSINESS STUDIES AND STRATEGY ( SHOVA MA’M)
BBS THIRD YEAR

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TABLE OF CONTENT

1. Introduction
2. Importance of Patent
3. History of Patent
4. Patent Law in the Context of Nepal
5. Patent Rights
6. Industrial Design
7. Trade-Mark
8. Amendments of the Patent Design and Trade Mark Act 1965
9. Conclusion
10. References and Bibliography

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WHAT IS PATENT?

 A patent gives the inventor the right to

exclude others from making, using, or
selling their invention for a certain time
period.
 famous patent inventions – the TV, the
computer, the Bluetooth technology,
etc.

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WHY IS A PATENT IMPORTANT?

 Patents have a positive effect on society

because they promote innovation and
help develop new products.
 They also protect intellectual property.
 When an inventor obtains a patent, they
secure the right to exclude others from
using, making, and selling their product
or method of use for specified years,
while maintaining the right to sell the
item exclusively and for a higher price.

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HISTORY OF PATENT LAWS

 Most of the new findings and inventions, laws, and principles are developed in
Europe.
 Venetian Statute of 1474.
 Made in the Republic of Venice, which was an independent country at that time.
 Now Venice is the most famous touristy city in Italy.

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VENETIAN STATUTE ( MEANING - LAW OF VENICE REPUBLIC)

 Formulated in 1474
 Patent might be granted under two conditions – 1. new device, not previously
made, 2. it must be useful.
 This principle still remains a basic principle of patent law.
 The lawmakers of Venice were very farsighted.

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PATENT LAW IN THE CONTEXT OF NEPAL

 Patent Design and Trade Mark Act 1965 was formulated on 30th August 1965.
 Aim- to protect the intellectual rights of creative persons and institutions.
 It concentrates to make legal provisions to protect intellectual property rights
with respect to patents, designs, and trademarks for the convenience and
economic benefit of the general public.

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SUMMARY OF STEPS FOR OBTAINING PATENT RIGHTS IN NEPAL

Acquisition Application Registration

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PATENT DESIGN & TRADE MARK ACT 1965

1. Definition. – It means any useful inventions relating to a new method of process or

manufacture, operation, or transmission of any material or that made on the basis of a
new theory or formula.
2. Acquisition of patent right – desire  register under this Act.
3. Application for patent right – Submit to the Department
4. Registration – Registration criteria
5. Circumstances of Not Registration – under which Registration is not accepted.
6. Terms of Patent – time for validation of patent rights
7. Penalty – Punishment in case of violation of patent rights.

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3. APPLICATION FOR PATENT RIGHTS
 Submitting an application
 The application contains the following particulars –

1. Name address and occupation of the person inventing the

patent.
2. If the applicant him/herself is not the inventor, how and in
what manner he/she acquired title thereto from the
inventor
3. Process of manufacturing, operating, or using the patent.
4. The theory or formula if any, on which the patent is based.
5. All evidence in his/her possession regarding patents.

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4. REGISTRATION
 The Department will carry out an investigation in order to find whether the patent
applicant has submitted a new invention or not.
 If the result is positive, the Department issues a Registration Certificate in a format as
specified.

5. CIRCUMSTANCES OF NOT REGISTRATION

 In case the patent is already registered in the name of any other person, or
 In case the applicant him/herself is not the inventor of the patent sought to be so
registered nor has acquired rights over it from the original inventor, or
 In case the patent sought to be registered is likely to adversely affect the public
health, conduct or morality or national interest, or
 In case it is contradictory to the prevailing laws (the registration of the patent)
will constitute a contravention of existing Nepal law.
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OTHER

6. Term of patent – The title of the patentee to the patent should be valid only for seven
years from the date of registration.
7. Penalty – based on the gravity of the offense. Five lakhs to two lakh fifty thousand
based on the situation of the crime.

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INDUSTRY DESIGN
1. Acquisition of Title to Design –Applicable to only article to manufacture or caused
to be manufactured.
2. Application for Registration of Design – Same as Patent but with four copies of
the design and map.
3. Registration of Design – Same as Patent.
4. NOT Registration of Design cases - Design hurts the prestige of any individual or
institution or adversely affects the public conduct or morality national interest, or in
case such design has already been registered in the name of any other person
Applicant shall pay a design registration fee
5. Term of Design – five years
6. Punishments – not exceeding fifty thousand.
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TRADE-MARK

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AMENDMENTS IN PATENT DESIGN AND TRADEMARK ACT 1965

 ACQUISITION OF PATENT RIGHTS - No one shall

copy or use or cause to use in the name of the others
without transforming the ownership or written permission
pursuant to Section 21d, the patent registered in the name
of any person pursuant to this Act
 Penalty for violation - A person, who commits any of the
acts, shall be fined as per the gravity of the offense by the
order of the Department and the goods or commodities
related to the offense shall be confiscated ( the act of
taking or seizing someone's property with authority)
NOTE: Two-time amendments (2044BS and 2063BS)

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CONCLUSIONS

 Patent is an exclusive right given by a country to the owner of an invention to make,

use, manufacture and market the invention. Exclusive right implies that no one else
can make, use, manufacture or market the invention without the consent of the patent
holder.
 Patent is granted by the respective government.
 Patent is a part of intellectual property.
 Patent violation is subject to a penalty based on the gravity of the offense.

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REFERENCES AND BIBLIOGRAPHY

 Business Environment and Strategy by Prof. Dr. Santosh Raj Paudel, Dr. Gopal
Man Pradhan Edition 2022, Publisher: Advanced Saraswati Prakashan
 The Patent, Design, and Trade Mark Act, 1965
 https://www.law.uw.edu/news-events/news/2022/legal-tips-patents
 https://www.youtube.com/watch?v=tMZ42k2_XH8&ab_channel=SMARTSTAR
TUP

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