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Patent Law in Pakistan

The Pakistan Patents and Designs Act, 1911 used to govern the registration and protection of patents and designs in Pakistan till October 2000. In order to bring Patent Law in conformity with the GATT/ TRIPS agreements, on October 26, 2000 it was repealed and substituted by the Patents Ordinance, 2000, relating to the registration and protection of Patents. The rules for carrying out the purposes of the Patents Ordinance, were introduced on 31 December 2003, namely The Patents Rules, 2003.

Patent Application in Pakistan

An application for a patent must be filed only by the true and first inventor or his assignee or successor -in -interest. In the latter case, the inventor or inventors in the presence of two witnesses must endorse the application. The Application must be accompanied with a Specification (compete specification where conventional priority is claimed). The specification must be on a A4 sized paper with margin of at least 2cm on top, right and bottom and 2.5cm on the left side of the paper. Drawings must be filed on smooth/ durable white A4 paper size having a margin of at least 2.5cm on the top and left side, 1.5cm on the right side and 1 cm at the bottom of the paper. In respect of conventional Patent Application priority claim is allowed in respect of Patent Application filed in Paris Convention member countries or in any of the member country of the WTO. The conventional Application must be filed in Pakistan within twelve months of the priority application. A certified copy of the application, on which the priority is based, is required to be filed at the time of filing the Pakistan application or within three months thereafter. Where the priority application is in language other than English a certified verification of English translation of the priority document must be supplied along with English Translation.

Conventional Patent Application in Pakistan

A conventional Patent Application can be filed in Pakistan claiming priority from basic application filed in Paris Convention member countries or in any of the member country of the WTO. The conventional Application must be filed in Pakistan within twelve months of the priority/ basic application. A certified copy of the priority application, on which the priority is based, is required to be filed at the time of filing the Pakistan application or within three months thereafter with monthly extension fee. Where the priority application is in language other than English, a certified verification of English translation of the priority document must be supplied along with certified copy of priority Application. The application for a patent must be filed only by the true and first inventor or his assignee. In the latter case, the inventor or inventors in the presence of two witnesses must endorse the application. The Applicant must be accompanied with a complete Specification on a A4 sized paper with margin of at least 2cm on top, right and bottom and 2.5cm on the left side of the paper. Drawings must be filed on smooth/ durable white A4 paper size having a margin of at least 2.5cm on the top and left side, 1.5cm on the right side and 1 cm at the bottom of the paper. A duly notarised Form P2A is required to be submitted.

PCT National phase Patent Application in Pakistan

Pakistan is not a contracting country of PCT and therefore PCT national phase patent application cannot be filed in Pakistan.

Patent filing requirements in Pakistan

The requirement for Patent filing in Pakistan is as follows:

  1. Name, nationality and full address of the Applicant;
  2. Name, nationality and full address of the Inventors;
  3. Specification in English on a A4 sized paper with margin of at least 2cm on top, right and bottom and 2.5cm on the left side of the paper;
  4. Drawings, if any on a smooth/ durable white A4 paper size having a margin of at least 2.5cm on the top and left side, 1.5cm on the right side and 1 cm at the bottom of the paper;
  5. Power of Authority in favour of Attorney (Duly notarised)
  6. Certified copy of priority application (where priority is claimed) to be filed at the time of filing the Pakistan application or within three months thereafter; and
  7. A certified verification of English translation of the priority document, where the priority application is in language other than English.

Official fee for patent filing in Pakistan

The basic filing fee for Patents in Pakistan is PKR 2250 for up to 40 pages of specification and up to 20 claims. Beyond 40 pages of specification, additional fee of PKR 30 per page is payable and beyond 20 claims, additional fee of PKR 75 per claim is payable. Where any amendment is made to meet the objections of the Examiner, amendment fee of PKR 250 is payable, whereas for voluntary amendment fee of PKR 750 is payable. For recording an assignment fee of PKR 750 is payable. If no opposition is filed after publication of Patent in Patent Journal, a sealing fee of PKR 2250 is payable for issuance of Patent Grant. The renewal fee is payable in respect of 5th year from the accorded filing date.

Procedure for Patent Prosecution in Pakistan

  1. Filing of Patent Application accompanied by Specification (provisional or complete);
  2. Filing of Complete Specification where the earlier Specification filed was provisional one;
  3. Completion of procedural requirements i.e. POA, Certified copy of priority document, Certified Verification of English Translation, where applicable;
  4. Examination and issuance of Examination report;
  5. Responding to Office action;
  6. Acceptance of Patent Application;
  7. Publication in Official Gazette;
  8. Sealing if no opposition within 4 months of publication and on payment of sealing fee;
  9. Grant of Patent; and
  10. Annuity Payment to keep Patent  in force

Sealing of Patent Application

After acceptance the application is advertised in the Official Gazette for the purposes of inviting opposition to the grant of Letters Patent. If no opposition is filed within four months from the date of publication of the acceptance, the application is sealed on payment of the sealing fee.

Renewal/ Annuity Payment

Under the Patents Ordinance, 2000, the term of a registered patent has been extended from 16 years to 20 years. The renewal fee is payable in respect of 5th year from the accorded filing date. A grace period of 6 months is available with payment of surcharge/ penalty. The Patents (Amendment) Ordinance 2006 allows due annuities/ renewal fee to be paid if the application is accepted and sealed after the due date of the 5th annuity from accorded filing date.

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Date : May 20, 2017
Location: Barcelona Spain

INTA 139th Annual Meeting

INTA 139th Annual Meeting was held in Barcelona Spain from 20th to 24th May 2017

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