Pakistan’s Patents Office is a part of Intellectual Property Organization, Pakistan (IPO) under Cabinet Division. Significant objectives of Patents Office are: grant the patents to new and novel inventions, represent the government internationally regarding IP-related matters, render know-how and pedagogical services to inventors, and to foster the industrial development in Pakistan.
Any invention that meets the standards set by Patent Office is eligible to apply for Patent registration. The criteria that describe the patent-ability of an invention are:
- The invention is new.
- It involves an inventive step.
- It is capable of industrial application.
- It should not be contrary to law or morality.
The very purpose of patents laws is to provide protection for intention. It is a legal enforceable right which prevents others from exploiting an invention.
Before going into details about registration process of patents first we should know what is patent.
WHAT IS PATENT?
“Patents is a grant or license by the government authority conferring an exclusive or monopoly right or title for a limited period (in Pakistan 20 years) and excluding others from using, making, reproducing, selling an invention which is his exclusive right.
The procedure to register a patent is as follows:
- Request for a patent is initiated by filling out ‘Form P-1’ or ‘Form P-2’ (Convention Application for Patent), along with the Specifications of the invention.
- The Specifications described in the Application form can be either complete or provisional (i.e. subject to change or need further ironing out).
- Specifications of the patent can be detailed on extra sheets (if required), and include steps, processes, drawings and claims.
- Complete specifications are filled out on ‘Form P-3A’ (Application for Complete Specification). Provisional specifications have to be filled out using ‘Form P-3’ (Application for provisional specification).
- Forms P-1A, P-1B or P-1C have to be provided with ‘Form P-3A’ if the original application form is Form P-1. On the other hand, if the original application form is P-2, then the Specifications Form P-3A must accompany Forms P-2A, P-2B or P-2C.
- If a Provisional specification is provided with the application, complete specification must also be provided following the original submission before moving on to the next step.
- The Application is examined and evaluated by the competent authority at Patent Office.
- Applicant will have to defend their registration application if there is any opposition regarding the patent from some other party that lays claim to the same patent, wholly or partially.
- Parties that want to oppose a registered/accepted/withheld/applied for patent can do so by filling out ‘Form P-7’.
- In case no objection is raised during evaluation or the legal matters are settled with the opposition, the patent is sealed once the applicant(s) duly fill and submit ‘Form P-10’ (Request for Sealing), and the applicant is granted the rights for it for 20 years.