10. Patent filing in Pakistan Copy Right.pptx

RanaRafaqat4 41 views 13 slides Oct 11, 2024
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How to file a patent in Pakistan A patent is a grant from the government which confers (grant: a title, degree, right) on the grantee for a limited term of 20 years exclusive rights to make use and sell the invention The patent grant excludes others from making, • using or • selling the invention.

What included in patent When patents have been granted with respect to products it includes: 1. Making, 2. Importing, 3. Offering f or sale, 4. Selling and using the product 5. Stocking such products to offer for sale

Laws of patent in Pakistan Laws of Pakistan in relation to Patents include Patents Ordinance, 2000 Patents Rules, 2003.

Right of patent owner The 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 permit , or license, 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.

Right of patent owner Once a patent expires, the protection ends and the invention enters the public domain, that is, the owner no longer holds the exclusive right to the invention, which becomes available for commercial exploitation by others. Exploit: 1 make use of and derive benefit from (a resource). 2 make use of unfairly; benefit unjustly from the work or actions of.

Criteria for patent Any in vention that meets the substantive criteria for patentability, namely, novelty, inventive step , and industrial applicability is Patentable. It should have the following characteristics: The intervention must be new It involves an inventive step It is capable of industrial application It should not be contrary to Law and Morality I nvolvement in a difficult situation to improve it or prevent it from getting worse

Registration of Patent Patent registration involves various steps which include Filing the Patent application at the Patent Office of Pakistan on the prescribed form (P-l, P1A, P-2, P2A) and Paying the filing fee.

Registration of Patent This application can be accompanied by either a Provisional or a Complete Specification. Patent specification gives technical disclosure of the invention. The description must contain enough information for the person skilled in the art to be able to understand what the invention is and how the invention is to be performed.

Examination of the specification Specification is the most important document that a patent examiner examines. The application should comply with legal requirements. A search through National and International Databases, to see if the claimed invention is new, useful , and non-obvious . The examiner issues a written examination report. It may be in favour of the inventor or vice versa .

Examination of the specification Continued In a report the inventor may be asked for amendments to overcome the objections. The examiner must then reconsider the application in light of the applicant’s response. If any office action remains unresolved, the examiner issues another report . If the applicant does not comply with the office action within the given time the application will lapse.

Examination of the specification Continued When the application is free of objections (either at the beginning of the examination or as a result of an applicant’s response to the report), the examiner is obliged to accept the application. The acceptance is then advertised in the Official Gazette Part A decision is reached by the examiner in light of the study and the result of the search. As a result of the examination by the Patent Office, patents are granted. This is followed by sealing the patent with the seal of the Patent Office .