Patent Registration in Nepal

According to the Patent, Design and Trademark Act, 2022 (1965) of Nepal, a "patent" is legally defined as: "Any useful invention relating to a new method of process or manufacture, operation or transmission of any material or a combination of materials, or that made on the basis of a new theory or formula."

Patent Registration Process in Nepal

1. Legal Framework

Patent registration in Nepal is governed by the Patent, Design and Trademark Act, 2022 (1965) (“PDTA”). The Department of Industry (“DOI”), functioning under the Ministry of Industry, Commerce and Supplies, is the designated authority responsible for the registration and administration of patents in Nepal.

Additionally, Nepal is a signatory to the Paris Convention for the Protection of Industrial Property (1886). Consequently, an applicant may file a patent application in Nepal claiming convention priority, provided that a certified copy of the original convention application is submitted.

2. Requirements for Filing a Patent Application

Under Section 2(a) of the PDTA, a patent is defined as “any useful invention relating to a new method of process or manufacture, operation or transmission of any material or combination of materials, or that made on the basis of a new theory or formula.”

Any person seeking to obtain patent rights—whether the inventor themselves or another party who has lawfully acquired title from the inventor—must submit an application to the DOI.

Section 4 of the PDTA mandates that the application include the following particulars:- Name, address, and occupation of the inventor

• If the applicant is not the inventor, the manner and method by which title was acquired from the inventor
• The process of manufacturing, operating, or using the patent
• The theory or formula upon which the patent is based and
• Maps, drawings, and related particulars of the patent.

3. Documents Required for Patent Registration

To successfully register a patent, it is essential to submit the following documents to the Department of the Interior (DOI).

a) Completed application form.

b) Power of attorney.

c) Notarized copy of the complete specification, including claims.

d) Notarized or certified copy of the filing receipt or application in English (if claiming priority) and

e) Notarized or certified copy of the home registration certificate of the patent in English (if applicable).

4. Non-Patentable Inventions

Under Section 6 of the PDTA, the DOI may reject a patent registration application on any of the following grounds:

a) The patent has already been registered in the name of another person.

b) The applicant is neither the inventor nor has lawfully acquired rights from the original inventor.

c) The patent is likely to have an adverse effect on public health, public conduct, morality, or national interest or

d) The registration of the patent would contradict any prevailing laws of Nepal.

Note: Before rejecting any application, the DOI must provide the applicant with a reasonable opportunity to demonstrate why the patent should be registered.

5. Patent Investigation

Upon submission of a patent application, the DOI conducts an investigation to determine:

• Whether the invention is new (novel)

• Whether it is in the interest of the general public; and

• Whether it satisfies the principles of novelty, industrial applicability, and inventive step as recognized under Nepalese patent law.

Based on the above criteria, the DOI decides whether to register the patent. If the decision is affirmative, the DOI issues a registration certificate, but only after the applicant has paid the requisite registration fees.

6. Publication of Registered Patent

The DOI publishes all registered patents in the Nepal Gazette, except those that must be kept secret in the interest of national security. Upon publication, any person may obtain or view a copy of the published patent after paying the prescribed fee to the DOI.

Pursuant to Section 21(A) of the PDTA, any person objecting to the particulars of a published patent may file a complaint within thirty-five (35) days from the date of receiving a copy of the patent. Upon receipt of such complaint, the DOI is required to conduct reasonable inquiries and take necessary action.

7. Validity of Patent

Under Section 8 of the PDTA, a registered patent remains valid for a period of seven (7) years from the date of registration. Upon expiry, the patent may be renewed within thirty-five (35) days of expiration. A patent may be renewed no more than twice, each renewal being for an additional period of seven years.

8. Government Fees

This article provides a comprehensive overview of the legal framework, requirements, and procedure for registering a patent in Nepal. The firm specializes in the registration of patents and other intellectual property rights, including copyrights and trademarks.