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PATENT  means any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula.

RIGHT OVER THE PATENT

• Any person, willing to have rights on any patent, has to register such patent under the Patent Design and Trademark Act.

• Any patent registered in the name of any person shall not be copied use used or utilized without the patentee's written consent .

• Ownership of a patent can be transferred in any way to any person as movable property.

• If any body does or attempt to do so or encourage to do any work against these rights of patentee may be punished with a fine by the order of Department and all the materials related with such offence shall be confiscated.

APPLY FOR ACQUIRING PATENT RIGHT:

• Person willing to patent registered in his own name shall have to apply to the Department with following information including all other evidence

• Name, address and profession of inventor.

• In the case of the invention not invented by the applicant himself, the conditions acquiring such right from inventor by the applicant,

• Method of operation or utilization of such invention

• Principle or formula, if such patent is based on any principle or formula

• Drawings and sketch of invention (if necessary)

• Prescribed application fee as mention in schedule

UN-PATENTABLE INVENTION

• If it has already been registered in the name of other

• If the patent asked to be registered is not invented by the applicant himself and he has not acquired the right from the inventor

• If the patent asked to be registered is found to cause adverse effect in health , conduct or morale or people in general or in the national interest

• If it violates any prevailing laws of Nepal.

EXAMINATION OF PATENT APPLICATION

• Department upon submission of an patent application examine the invention whether it is new or not, it is useful to the people in general or not

• If it deems necessary, Department takes the advice of experts of related field

• Basically, Department fallow the principle of Novelty, Industrial applicability, and Inventive step to examine

CERTIFICATES OF REGISTRATION

• If Department found the patent application is patentable after examination provide certificates to the applicant

• Applicant shall pay a registration fee as prescribed in schedule.

PUBLICATION OF REGISTERED PATENT

• Department shall publish all patents, except those to be kept secret for national interest in journal

• Anybody willing to see or take a copy of the statement, drawing or sketch of a patent published in journal may see or take a copy of such patent document on payment of a fee as prescribed.

OPPOSITION

• If any body has any complain upon any patent he may lodge such complains to the Department within thirty-five days from the date on which the patent is seen or a copy of such patent document is taken.

• Upon receipt of the complain Department take necessary action through an investigation.

TERM AND RENEWAL

• Patentee shall have his right on the patent for a period of seven years from the date of registration.

• The patentee shall renew the patent within 35 days from date of expiry having paid the fee mention in schedule.

• Renewal of a patent may be made for two times of seven years.

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