History of Patenting in Nepal
The Patent, Design, and Trademark Act, 2022 largely regulates the protection and enforcement of patents in Nepal (1965). Nepal’s IP Law is still relatively new. Nepal has ratified both the 1995 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the 1883 Paris Convention for the Protection of Industrial Property. Since Nepal is a party to the Paris Convention, applicants there may submit claims of convention precedence. In accordance with this, the Convention Application must be submitted within 12 months of the date of earliest priority. Notably, Nepal is not a signatory to the Patent Cooperation Treaty (PCT).
What is Patentable Invention in Nepal?
There are following things that are patentable:-
- A “patent” is defined as any useful innovation which is related to a new technique of manufacturing, operation, or transmission,
- Invention should make on the foundation of a new theory or formula as per Section 2 of the Patent, Design, and Trademark Act of Nepal.
- The invention should be novel, should have inventive steps and must be industrial applicable.
What are not Patentable Inventions in Nepal?
A patent that is being sought cannot be granted in the following situations:-
- If the invention has previously been recorded under another person’s name.
- If the applicant did not invent the invention sought to be registered and did not purchase the right from the inventor.
- If the patent application is shown to have negative impacts on people’s conduct, morale, or health in general, or if doing so is in the national interest.
- If any current Nepali legislation is broken.
Rights to Patents:-
An application for a patent may be submitted by:
- If someone wants to own a patent, they must register it under this Act in their own name.
- A patent grants the patentee the sole authority to prohibit others from replicating the innovation without first obtaining the patentee’s written consent.
- If a third party makes an attempt to copy the innovation or actually does so, the Department will punish that person and seize all relevant documents.
Types of Patent Applications:-
- Ordinary Patents
- Patents of addition
- Convention application with priority date, claiming on the basis of filing in convention countries
- National Phase application.
Procedure of filing an application in Nepal:-
According to section 3 and 4 of Nepal’s Intellectual property Act the person who have following things can apply for the patent:-
- The inventor’s name, address, and line of work;
- If the applicant did not create the innovation, the requirements for obtaining such a right from an inventor by the application;
- The invention’s method must be for people’s use or operation;
- If the patent is based on a principle or formula;
- Sketches and drawings of the invention (if required by the invention);
- Application fee in accordance with the schedule’s specifications.
The required documents for patent filing are as follows-
- An application for a Power of Attorney was submitted, sealed, and witnessed by two people.
- Applications form including a notarized copy of the specification and claims that detail the invention’s nature.
- Country of Residence Filing Receipt/Priority Claims In the case of a priority claim, details in English notarized by a notary public.
- The verified translation of the home country’s patent registration certificate into English by a Notary public, together with the original document’s certified copy.
Process for obtaining Patent Grant in Nepal:-
Patent Filing → Patent Publication → Patent Opposition → Examination Report Response Submission → Patent Registration/grant for 7years from filing date of patent (if response arguments accepted) → Patent Renewal after 7 years from filing date of patent.
