Patents Laws in Nepal
Here’s a clear summary of Patent Laws in Nepal:
🔹 Legal Framework
Patent laws in Nepal are governed by the Patent, Design and Trademark Act, 1965 (with amendments).
Administered by the Department of Industry (DOI) under the Ministry of Industry, Tourism, and Forests.
Nepal is a member of the World Intellectual Property Organization (WIPO).
Nepal is also a member of the Paris Convention and a signatory to the TRIPS Agreement via the WTO.
🔹 Types of Patent Protection
Invention Patent: Protection for new inventions.
Patents are granted for a term of 20 years from the filing date.
🔹 Patentability Criteria
To qualify for patent protection, an invention must be:
New (novel).
Have an inventive step (non-obvious).
Be industrially applicable.
🔹 Non-Patentable Subject Matter
Discoveries, scientific theories, and mathematical methods.
Plant and animal varieties.
Methods of medical treatment or diagnosis.
Aesthetic creations and purely mental acts.
Computer programs as such.
🔹 Application Process
Patent applications are filed at the Department of Industry.
Application documents include: request, description, claims, abstract, and drawings.
Formal and substantive examination are conducted.
The application is published for opposition after a prescribed period.
Oppositions can be filed by third parties.
🔹 International Treaties
Nepal is a member of:
Paris Convention for the Protection of Industrial Property.
World Trade Organization (WTO) – TRIPS Agreement.
World Intellectual Property Organization (WIPO).
Note: Nepal is not a member of the Patent Cooperation Treaty (PCT), so international applications must enter through national filing.
🔹 Enforcement
Patent owners have the right to sue for infringement in Nepali courts.
Remedies include injunctions, damages, and seizure of infringing goods.
🔹 Patent Renewal and Maintenance
Annual renewal fees must be paid to maintain the patent.
Failure to pay leads to the patent lapsing.
RELATED Blog
0 comments