Patents
General Information:
Requirements:
Patent prosecution:
Term of patent and renewals:
General Information
Patents are governed in Pakistan under the Patents Ordinance, 2000 and Rules framed thereunder are known as Patents Rules 2003. The Headquarter of Intellectual Property Office (IPO) is located in Islamabad. However, the Pakistan Patent Office is situated in Karachi where the Controller of Patents carries out all the necessary work. Patents Applications can be submitted at the Patent Office, Karachi or at any of the regional offices.
A patent application can be filed only by the true and first inventor or by his assignee. However, different prescribed forms are required to be executed in each case. The official language of Pakistan is English and no translation in local language is required for any document.
A patent application can be filed either with provisional specification or with complete specification. In case if the application is filed with the provisional specification, a complete specification thereof will have to be filed within twelve months from the date of the provisional application. No extension is possible beyond that date.
The specification should commence with the title of the invention and the name of the applicant and be signed and dated by the applicant or his agent. In the latter case a Power of Authority (See Form P-28) in favour of the agent would have to be executed. Power of Authority can be filed later on. Neither notarization nor legalization is required. The specification should describe by reference to drawings the particular features, which render the article novel in relation to the kind, which is already known.
A patent applicant can claim priority date of the corresponding earlier application filed in any of the WTO (World Trade Organization) Member Countries provided the application in Pakistan is made within twelve months from the date of basic application. In that case, a certified copy of the said basic application is required to be filed either at the time of filing the Pakistani application or within three months thereafter along with a request for extension of time. If the certified copy of the basic application is not in English language, a verified English translation along with an affidavit of the translator will also be required.
Following information and documents are required for filing a patent application in Pakistan:
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The Controller refers the complete specification and application to the Patent Examiner for official examination who examines the application on formal and technical basis and communicates his observations to the applicant in accordance with the prescribed manner. It generally takes eight to ten months from the filing date in Pakistan. After exchange of official reports and responses thereto, the application is accepted if and when the Controller is satisfied.
Term of patent and renewals:
• The patent accepted on or after 2nd December 2000 enjoys a term of 20 years.
• The patent accepted before 2nd December 2000 enjoys a term of 16 years.
The first four years of a patent, calculated from the filing date, are free of renewal fees. 5th and all subsequent annuities are due to be paid in advance, i.e., before the start of year. If any year's annuity is not paid within the time allowed, an extension of time up to six months is available to pay that very fee along with the prescribed late fine. Once the said period of six months is passed without the payment of missed annuity, the patent is deemed to be lapsed.
For further enquiries or questions, please write to us at: patents@intellegalpk.com
Note:
The information given here is intended to be general information and is not intended to provide legal or other advice. We strongly recommend taking professional legal advice relating to the registration of intellectual property and its protection under the relevant laws.