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To register a patent in Pakistan, you need to follow the process outlined by the Intellectual Property Organization of Pakistan (IPO-Pakistan). Here are the details of the patent registration process in Pakistan:
Filing the Patent Application: The first step is to file a patent application with the IPO-Pakistan. The application must include the following information:
Formal Examination: After filing the patent application, it undergoes a formal examination by the IPO-Pakistan to ensure that all necessary information and documents are included. If any deficiencies are found, you will be given an opportunity to rectify them within a specific timeframe.
Publication: Once the patent application is found to be in order, it is published in the Patent Gazette by the IPO-Pakistan. The publication includes the title of the invention, the applicant’s name, and a brief summary of the invention.
Substantive Examination: After publication, the patent application undergoes a substantive examination to assess its patentability. The examination determines whether the invention meets the criteria of novelty, inventive step, and industrial applicability. The IPO-Pakistan may request additional information or conduct an interview with the applicant during this process.
Grant of Patent: If the IPO-Pakistan is satisfied with the examination results and there are no objections or oppositions raised, a patent is granted. The applicant will receive a notification of the patent grant and the patent is published in the Patent Gazette.
Term and Maintenance: In Pakistan, the term of a patent is 20 years from the filing date. However, annual maintenance fees must be paid to keep the patent in force. These fees increase each year.
It’s important to note that the patent registration process can be complex, and it is recommended to consult with a qualified patent attorney or agent to ensure the accuracy and completeness of your application. They can guide you through the process and help protect your intellectual property rights effectively.
No, it is not possible to obtain a patent and keep the invention completely secret simultaneously. Patents are granted in exchange for disclosing the details of the invention to the public. The main purpose of the patent system is to encourage innovation by providing inventors with exclusive rights to their inventions for a limited period of time in exchange for making their inventions public.
When you apply for a patent, you are required to provide a detailed description of your invention, including its functionality, design, and any other relevant information. This information becomes part of the public record when the patent is granted, allowing others to access and utilize the disclosed knowledge once the patent term expires.
However, it is possible to maintain some level of secrecy during the patent application process. Before filing a patent application, you can keep the invention confidential and disclose it only to trusted individuals who are bound by non-disclosure agreements (NDAs). This can help protect your invention during the early stages while you are preparing the patent application.
Alternatively, if you wish to keep your invention completely secret without disclosing it publicly, you may consider relying on trade secret protection instead of obtaining a patent. Trade secrets refer to valuable business information that is kept confidential and provides a competitive advantage. Unlike patents, trade secrets do not require public disclosure. However, it’s important to implement strong security measures and confidentiality agreements to safeguard your trade secrets from unauthorized disclosure or use.
It is advisable to consult with a qualified intellectual property attorney who can provide guidance based on your specific circumstances and help you determine the best strategy for protecting your invention.
We have many years of experience in protecting your Invention and trademark registration in Pakistan. As well, we have real intellectual property experts who can provide a wide range of legal services. Moreover, the Company maintains a staff to provide fully integrated high-quality legal services in all aspects.
Furthermore, we commit to providing responsible and courteous services at all stages to Protect your Invention. They also complete their work within a short span of time. And now IPO Pakistan online registration is going on.
Likewise, we invite you to learn more about our Law Company, which can be a helpful safeguard to your Company’s valuable intellectual rights assets.
We provide and promises to Protect your Invention under the Pakistan patent act and Patent Ordinance of 2000 with reasonable patent filing fees. A patent is an exclusive monopoly granted by the Government to an inventor over his invention for a prescribed period of time. Provides an enforceable legal right to prevent others from exploiting an invention. The invention, as defined in the Law, means a new product or process that involves an inventive step and that can be applied industrially.
Patents are one of the most powerful intellectual property rights. Registering a patent gives the patent owner the exclusive right to use, manufacture, or sell his invention during the term of the patent. Hence this means Protect your Invention cannot make, use, distribute, or sell commercially without the consent of the patent owner. In principle, patent rights can enforce in court.
The Patent Registration Process of patenting typically involves conducting prior art searches to distinguish the invention and develop a description that illustrates the best method of working the invention. Because the description of the invention is call specification. Depending upon the sufficiency of the description a specification may be either provisional or complete Specification.
Claims are the most important part of the patent specification, as it is the legal part that defines and determines the legal protection sought. The scope of patent protection for an invention is to determine the terms of the claims. The description and the accompanying drawings can use to interpret the claims.
Drawing is also the most important part of the Patent Application. It requires to contain drawings if drawing is necessary to describe the invention. Especially product inventions other than chemicals. The drawing file on a separate sheet with a prescribed margin of the following page/sheet:
Top 2.5 cm,
Left 2.5 cm,
Right 1.5 cm, and
Bottom 1.0 cm.
Particularly no title of the invention or any descriptive matter mention in the drawings. Only numeral references mention in different parts of the diagram according to Rule 11 of the Patent Rules 2003.
Particularly according to the Pakistani Patent Act, the Patent Registration Process start by filing a patent application by the true and first inventor or his agent or successor on behalf of the Company. In the latter case. Usually, the inventor or inventors must agree to the application in the presence of two witnesses.
A conventional priority claimed specification must attach to the application. The specification must be on A4 paper with a margin of at least 2 cm at the top, right, and bottom of the paper.
In short with regard to conventional patent applications, a priority claim is permissible with regard to patent applications filed in member states of the Paris Agreement or in one of the member states of the WTO.
The conventional application file within twelve months of the priority application in Pakistan. A certified copy of the application on which the priority base submit at the time of filing in Pakistan or within three months thereafter.
Required Form P-1 and Priority Claim Request P-2. The preliminary application submits to the Patent Office within 12 months of filing. After that If an invention is under development, a preliminary specification containing additional material submit within the 12 month period.
Further for filing a patent application in Pakistan, we require following document list of patents in Pakistan:
Name of the applicant, nationality, and complete business address
Three copies of specifications in the English language
Drawings (if any), one set of white paper
Application Forms with signatures
Power of Authority
Priority documents
If the priority application is in a language other than English, a certified review of the English translation of the priority document provide along with the real English translation.
All of these preliminary specifications can combine into a single one with a series of numbered paragraphs called the claim. Consequently, the claims define the monopoly.
Invention means any new and useful product or process in any area of technology; including any new and useful improvement to one of them. Whereas a “process” is any art, process, method, or type of new manufacture of a product and a “product” is any substance, object, device, or machine.
An invention considers new or new if it does not belong to the state of the art. The prior art includes anything disclosed to the public anywhere in the world by physical or oral disclosure, use or otherwise prior to the filing, or as the case may be, the priority date of the application claiming the invention.
In addition, patentable an invention should have the following characteristics:
Patent applications examine from a technical and legal point of view. accordingly the Patent Ordinance of 2000 and the rules. Thus after accepting the Patent advertise in the Electronic Publication of Patents Journal under The Patents (Amendments) Act, 2016 for inviting opposition. We offer a wide range of services aimed at analyzing and protecting our clients’ inventions. If you need guidance on how to Protect your Invention or your national phase in Pakistan, feel free to contact us.
As of my knowledge cutoff in September 2021, Pakistan’s Intellectual Property Organization (IPO-Pakistan) did not have a provision for filing a provisional patent application. However, it’s important to note that intellectual property laws and procedures can change over time. Therefore, it is recommended to check the IPO-Pakistan website or consult with a qualified intellectual property attorney in Pakistan for the most up-to-date information regarding filing a provisional patent application.
In general, a provisional patent application is filed to establish an early filing date for an invention while allowing the inventor to continue working on the invention and preparing a complete patent application. Provisional applications are commonly filed in countries like the United States, but their availability and procedures may vary in other jurisdictions.
If the IPO-Pakistan now allows the filing of provisional patent applications, you can typically expect the process to involve the following steps:
Prepare the Application: Prepare a provisional patent application that includes a description of the invention, any relevant drawings, and other supporting documents. Although a provisional application does not require formal claims, it is recommended to include a clear and detailed description of the invention to establish a proper foundation for the subsequent complete patent application.
Online Filing: Visit the IPO-Pakistan website and access the online filing system, if available. Follow the instructions provided for filing a provisional patent application. Provide the necessary information, upload the application documents, and pay the required fees, if applicable.
Application Number and Filing Receipt: Upon successful submission, you will typically receive an application number and a filing receipt confirming the submission of your provisional patent application. Keep these documents safe as they serve as proof of filing.
Follow-Up Complete Patent Application: After filing a provisional application, you usually have a specific period (often 12 months) to file a complete patent application, also known as a non-provisional application. This complete application will claim the benefit of the earlier filing date established by the provisional application. It should include formal claims, additional details, and any amendments necessary for patent protection.
It is crucial to consult with a qualified intellectual property attorney or agent in Pakistan who can guide you through the specific procedures and requirements for filing a provisional patent application in the country. They will provide accurate and up-to-date information based on the current regulations and practices of the IPO-Pakistan.
If you need the best legal advice, please feel free to contact us. Provide general information about the type of service you are seeking.
Filing a patent in Pakistan follows a specific procedure outlined by the Intellectual Property Organization of Pakistan (IPO-Pakistan). While the process may seem complex, breaking it down into simple steps can help you understand it more easily. Here is a simplified overview of the patent filing process in Pakistan:
Filing a patent in Pakistan follows a specific procedure outlined by the Intellectual Property Organization of Pakistan (IPO-Pakistan). While the process may seem complex, breaking it down into simple steps can help you understand it more easily. Here is a simplified overview of the patent filing process in Pakistan:
Determine patentability: Before filing a patent, it’s important to determine if your invention meets the criteria for patentability. The invention must be novel, inventive, and industrially applicable.
Conduct a patent search: Perform a thorough search to ensure your invention is not already patented or publicly disclosed. This step helps you assess the novelty of your invention and avoid any potential infringement issues.
Prepare your application: Prepare a comprehensive patent application that includes a description of your invention, drawings (if necessary), claims defining the scope of your invention, and an abstract summarizing your invention.
Select the appropriate patent type: Decide on the type of patent application you want to file. In Pakistan, you can choose between a conventional application and a national phase application based on an international application filed under the Patent Cooperation Treaty (PCT).
Submit your application: Submit your patent application to the IPO-Pakistan along with the required fees. Make sure to include all the necessary forms, supporting documents, and a request for examination.
Formal examination: The IPO-Pakistan conducts a formal examination to ensure that your application meets the required formalities and includes all the necessary information. If any deficiencies are found, you may be given an opportunity to correct them within a specified timeframe.
Substantive examination: After the formal examination, your application undergoes a substantive examination to assess the novelty and inventiveness of your invention. The IPO-Pakistan will review the technical content of your application and conduct a search for prior art.
Publication and opposition: If your application meets the substantive examination requirements, it will be published in the Official Gazette. During the publication period, which lasts for a specific period, third parties can oppose the grant of your patent if they believe it does not meet the patentability criteria.
Grant and maintenance: If no opposition is raised or successfully overcome, the IPO-Pakistan will grant your patent. You will then need to pay the prescribed maintenance fees to keep your patent in force throughout its validity period.
It’s important to note that the patent filing process can be complex and it is recommended to seek professional assistance from a patent attorney or agent with experience in Pakistan’s patent system. They can guide you through the process, help you prepare the necessary documents, and ensure compliance with the relevant laws and regulations.
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