Q. Is registration of Patent and Design mandatory?
A. Yes, registration of Patent and Design is mandatory to seek protection as per the Patent, Design and Trademark Act, 2022. If any person wants to acquire a right over a patent such person should register the patent in accordance with the Patent, Design, and Trademark Act, 2022.
Q. Where are Patent and Design registered in Nepal?
A. Patent and Designs are registered in the Department of Industry in Nepal.
Q. Who can give an application for registration of Patent and Design?
A. Any person or industry who desires to register the patent and design in their name can file an application in the Department of Industry. The applicant can either be an inventor or any other person acquiring the title of the invention from the inventor.
Q. What are the things that should be included in application for registration of patent?
A. Patent Design and Trademark Act, 2022 requires the following particulars to be included in the application.
- Name, address and occupation of the person inventing patent,
- If the applicant is not the inventor then the applicant should mention how he/she got title to that invention from the inventor,
- Process of manufacturing, operating or using the patent,
- The theory or formula if any, on which the patent is based,
- Maps and drawings of the invention,
- Prescribed fees,
- If a representative is nominated, then Power of attorney.
Q. What are the circumstances for denial of registration of Patent?
A. The circumstances when the patent registration can be denied are:-
- If the patent is already registered in the name of other individual.
- If the applicant is not the inventor and has not acquire the rights of an invention from the inventor.
- If the patent is likely to cause adverse impact on public health, conduct, morality and national interest of the country.
- If it is in contravention with existing Nepalese Laws.
Q. After the submission of Patent application, what steps are taken by Department of Industry?
A. Department of Industry undertakes the following steps after submission of Patent:
- Examination relating to the form: The Department of Industry ascertains whether the applicant has fulfilled all the procedural requirements or not. This includes examining the application form, the abstract, descriptions, claims and drawings of the said invention.
- Examination of substance: Here the authority examines whether the proposed invention fulfils all the elements such as novelty, industrial applicability, inventive step or not. The applicant should be able to show its actual use.
- Search: In this step, the authority examines whether the proposed invention is similar or exact copy of prior art or not.
Q. What is the application fee and registration fee for the registration of Patent?
A. The application fee is Rs 2,000 and the registration fee is Rs 10,000.
Q. What is the term of protection for the Patent?
A. The patent once registered can be valid for a period of seven years from the date of registration. It should be renewed after the expiry of the period. The patent may be renewed only for two terms of seven-year each.
Q. What are the things that should be included in the application submitted for the registration of design?
A. Following details should be included in the application submitted for the registration of design as per Patent Design and Trademark Act, 2022:
- Size of design, four copies of map.
- Details of claims that reflect originality.
- Designer’s name, address and profession.
- Receipt of submission of application fee.
- If a representative is nominated, then Power of Attorney.
Q. What are the circumstances in which the registration of designs can be denied?
A. In the following circumstances registration can be denied:
- If the design hurts the prestige of any individual or institution,
- If the design cause adverse effect to public conduct or morality,
- If the design undermines the national interest,
- If the proposed design has already been registered in the name of other person.
Q. What is the application fee and registration fee for the registration of design?
A. The application fee is Rs 1,000 and the registration fee is Rs 7,000 for the registration of the design.
Q. What is the term of protection for the design?
A. The design once registered can be valid for the period of five years from the date of registration. It should be renewed after the expiry of the period. The design may be renewed only for two-term of five years each.
Q. Where are the registered Patent and Design published?
A. Registered Patents and Designs are published in Nepal Gazette by the Department of Industry for the information of the general public. It should be noted those registered patents which should be kept secret from the point of view of national interest are not published in Nepal Gazette.
Disclaimer: This Q&A is not a legal opinion and it is advised that you consult a lawyer for specific legal advice. This note is for general understanding only. Kindly note that the copyright for this Q&A vests on Vidhi Legal Concern.