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| INTELLECTUAL PROPERTY LAW |
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PATENT
Apply for Acquiring Patent Right:
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Person willing to patent registered in his own name shall have to apply to the
Department with following information including all other evidence.
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Name, address and profession of inventor.
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In the case of the invention not invented by the applicant himself, the
conditions acquiring such right from inventor by the applicant.
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Method of operation or utilization of such invention.
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Principle or formula, if such patent is based on any principle or formula.
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Drawings and sketch of invention (if necessary).
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Prescribed application fee as mention in schedule.
Un-patentable Invention
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If it has already been registered in the name of other.
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If the patent asked to be registered is not invented by the applicant himself
and he has not acquired the right from the inventor.
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If the patent asked to be registered is found to cause adverse effect in
health, conduct or morale or people in general or in the national interest.
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If it violates any prevailing laws of Nepal.
Examination of Patent Application
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Department upon submission of an patent application examine the invention
whether it is new or not, it is useful to the people in general or not
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If it deems necessary, Department takes the advice of experts of related field
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Basically, Department fallow the principle of Novelty, Industrial
applicability, and Inventive step to examine
Certificates of Registration
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If Department found the patent application is patentable after examination
provide certificates to the applicant
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Applicant shall pay a registration fee as prescribed in schedule.
Publication of Registered Patent
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Department shall publish all patents, except those to be kept secret for
national interest in journal
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Anybody willing to see or take a copy of the statement, drawing or sketch of a
patent published in journal may see or take a copy of such patent document on
Opposition
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If any body has any complain upon any patent he may lodge such complains to the
Department within thirty-five days from the date on which the patent is seen or
a copy of such patent document is taken.
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Upon receipt of the complain Department take necessary action through an
investigation.
Term and Renewal
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Patentee shall have his right on the patent for a period of seven years from
the date of registration.
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The patentee shall renew the patent within 35 days from date of expiry having
paid the fee mention in schedule.
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Renewal of a patent may be made for two times of seven years.
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TRADEMARK
Application for the Registraion of Trademark
One who is willing to get registered any trademark of his trade or business
under the act shall apply to the Department in a prescribe format along with:
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Copy of registration or license of the business for product or service in which
trademark is used or intend to use.
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Four copies of model of trademark.
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Authorizations letter if somebody has been authorized to act on behalf of the
owner to register the trademark.
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If the applicant is a foreigner, certified copy of any foreign registration
certificate and address for service in Nepal must be submitted with
application.
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Receipt of payment of prescribe application fee.
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Separate application shall be submitted for the registration of trademark of
different categories goods or services.
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International Classification of Goods and Services for the purpose of the
registration of Marks (Nice Classification) is applied to this effect.
Term and Renewal of Trademark
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The registered trademark holder shall have his right on the trademark for a
period of seven years from the date of registration.
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The registered trademark holder shall renew the trademark within 35 days from
the date of expiry.
Cancellation of Trademark
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The Department may cancel the registration of a trademark in case of that there
is a condition of refusal to register.
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The Department may cancel the registration of trademark in case if it is not
put into use within one year from the date of registration.
Opposition and Complain
Any person if he has any complain on the statement publish by the department
concerning the design and trademark may lodge a complain to the department
within 35 days of such publication. The department shall take necessary action
through examination of such complain.
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DESIGN
Application for Registration of Design
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Person willing to get registered a design of any goods made or caused to be
made by him shall apply to the department along with a description, drawings
and sketch of design and four copies of its model.
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Applicant shall submit prescribed application fee.
Registration of Design
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The Department after examination of any application shall register the in name
of applicant
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The applicant shall pay prescribe registration fee to the Department to obtain
the certificate of registration.
Un-registrable Design
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If, it is deemed to make adverse affect in the dignity of any individual or
institution or,
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It makes bad affect in the well being and morale of the people in general or in
the national interest, or
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If such design has already been registered to the name of other person
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Department also looks whether the design to be registered is new and original.
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Department may cancel the registration of any design in case if it deems that
there is a situation of above
Terms and Renewal of Design
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The design holder shall have his right on the design for a period of five years
from the date of its registration.
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The design holder shall renew the registration of design within 35 days from
the date of expiry.
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Government Fees for Patent, Design and Trademark
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| Particular |
Patent |
Design |
Trademark |
| Application |
2,000 |
1,000 |
1,000 |
| Application amendment |
500 |
500 |
500 |
| Registration |
10,000 |
7,000 |
5,000 |
| Transfer of Ownership |
5,000 |
3,000 |
2,000 |
| Changes in Records |
2,000 |
1,000 |
1,000 |
| Search of Registration |
750 |
750 |
500 |
| Complain and opposition |
750 |
750 |
500 |
| Copy of the registration certificate |
1,000 |
1,000 |
2,000 |
Renewal of Paten & Design
For 1st Term
For 2nd Term
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5,000 7,500 |
1,000 2,000 |
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| Renewal of trademark per year |
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500 |
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