This article will help you to know about the process of patent registration in Nepal.
Patent, Design, and Trademark act 2022 is the law that governs patent registration in Nepal.
Patent Registration Process
Any person who wants to obtain patent rights shall file an application at the Department of Industry(DOI) as specified in schedule 1.
The following steps are taken for the patent registration in Nepal ;
- Filing of application
- Inquiry to find out whether the application and documents are according to the law.
- If any document or application is illegal then it is notified by DOI.
- Correction is done after the notification.
- Registration fee is paid.
- Finally, DOI will issue the certificate of a patent.
Also read: Company Registration in Nepal
Documents Required for Patent Registration in Nepal
Following things are required along with the application for patent registration in Nepal ;
- Name, address, and occupation of the person inventing the patent.
- If the applicant him/herself is not the inventor, how and in what manner he or she acquires title thereto from the inventor.
- Process of manufacturing, operating, or using the patent.
- The theory or formula if any, on which the patent is based.
- Map and drawings of the patent.
- Prescribed application fee.
- Power of attorney performed by two witnesses.
- Notarized copy of specification and claims containing the nature of the convention.
- Notarized copy of Filing Receipt or application in the English language in case of Priority Claim application or certified copy of Home Registration Certificate of the patent in the English language.
Questions and Answers regarding Patent Registration in Nepal
What are the conditions for invalidity of patent registration?
The conditions for invalidity of patent registration are:
If such patents are already registered at DOI,
If the applicant is not an inventor himself and has not attained the right of invention from the inventor,
If the patent is against the public and national interests,
If the patent is in contradiction with the law of Nepal.
What is the term for the protection of Patents?
Once registered, a patent will be valid for seven years. The patent inventor can file for renewal within 35 days from the date of expiry. An owner can renew the Patent application for two tenures; 7 years duration for each tenure. The renewal charge for the first tenure is NPR 5,000 per year.
The renewal charge for the second tenure is NPR 7,500 per year.
Can we file for renewal after 35 days of the expiration date?
Yes, after 35 days of the expiration date, we can still file for renewal within 6 months by paying a fine of Rs. 1000.
What is the application and registration charge for patent registration?
The application fee is Rs. 2000 and registration cost Rs. 10000.