Patent Filing in Nepal – Exclusive 3 Mins Read

Patent Filing in Nepal

Posted On December 17, 2019

Patent Filing in Nepal | Filing a Patent application in Nepal

Patents are registered and regulated under the Patent, Design and Trademark Act, 2022 (1965) (“the Act”) in Nepal. The Act came in effect since 1965 and has seen very few updates and/or amendments ever since. Nepal also became one of the parties to the ‘Paris Convention for the Protection of Industrial Property, 1883 (“the Convention”) on June 22, 2001 and since then it is a member of the International Union for the Protection of Industrial Property, which is founded under the Convention.

As per Section 9 of the Nepal Treaty Act, 2047 (1990), any treaty ratified by Nepal Government upon its accession shall be applicable as good as law and has further provided that the Articles of the Treaty or Convention to which Nepal is a party and has ratified shall prevail even if such Articles are inconsistent with the laws of Nepal. It is also important to note that Nepal is not a member of Patent Cooperation Treaty, 1970.

The Act defines Patent as ‘any new idea or method relating to the design, operation or transmission any substance or group of substance, or any useful invention developed by some new principle or formula.

In Nepal, Patent Filing in Nepal can be done as either ‘Ordinary Application’ or ‘Conventional Application’. The former is considered as an unique Patent application being filed for the first time in Nepal, whereas the later is an application usually filed elsewhere (usually the member states of the Convention) and filed within 12 months from the date of initial application with an intent to create a “priority claim” in Nepal for the purposes of examining Novelty.

As per Section 3 of the Act, any person desirous to acquire right over any Patent has to register such Patent in their name. Procedures regarding filing of the Patent application is mentioned in Section 4 of the Act. The applicant has to submit the Application Form as prescribed under Annex 1 (A) along with the following documents at the IP Section of the Department of Industry (“DOI”).

  • Full name, address and profession of the inventor
  • Details of invention, operation & usage of Patent
  • Technical specifications, formulas or principles 
  • Designs, drawings of the invention along with details
  • Power of Attorney is application is being made by an intermediary on the behalf of inventor
  • Copy of the receipt of Patent registration in home country (for conventional applications)
  • Application fee of NPR 2,000 (approx. USD 18) for each Patent

After the application is duly registered, the DOI then inspects the Patent, tests for novelty and usage for the general public. If approved, the applicant receives a registration certificate.

Conditions in which Patent Filing in Nepal can’t be done:

  • If such Patent is already registered in a different person’s name
  • If the applicant is not the real inventor of Patent nor has acquired rights over such Patent
  • If the Patent is likely to adversely affect public health, conduct, morality or the national interest
  • If the Patent is against the prevailing laws 

Once registered, the DOI publishes such Patents in Nepal Gazette for the knowledge of general public (except for the Patents required to be kept secret for national interest). A registered Patent remains valid for 7 years. Patent owner can file for renewal within 35 days from the date of expiry of registration. An owner can renew Patent application for two tenures –  7 years duration for each tenure.  The renewal fee, for the first tenure is NPR 5,000 (approx. USD 44) per year (NPR 35,000 in total for the renewal of first 7 years).

Likewise, the  renewal fee for the second tenure is NPR 52,500 at the rate of NPR 7,500 per year. If in case the application for Patent renewal is not filed within 35 days after the expiry of registration date, an owner can still file for renewal within 6 months after the expiry of 35 days period by paying a fine of NPR 1,000. Failure to renew by 6 months time by paying fine shall ipso facto result in the cancellation of Patent registration.

If you want to learn more about Patent Filing in Nepal, feel free to contact us at info@lawchintan.com or call us at +977 9866556697.

www.lawchintan.com/contact-us

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