INTELLECTUAL PROPERTY LAW
PATENT
Apply for Acquiring Patent Right:
  • Person willing to patent registered in his own name shall have to apply to the Department with following information including all other evidence.
  • Name, address and profession of inventor.
  • In the case of the invention not invented by the applicant himself, the conditions acquiring such right from inventor by the applicant.
  • Method of operation or utilization of such invention.
  • Principle or formula, if such patent is based on any principle or formula.
  • Drawings and sketch of invention (if necessary).
  • Prescribed application fee as mention in schedule.
Un-patentable Invention
  • If it has already been registered in the name of other.
  • If the patent asked to be registered is not invented by the applicant himself and he has not acquired the right from the inventor.
  • 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.
  • If it violates any prevailing laws of Nepal.
Examination of Patent Application
  • 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
  • If it deems necessary, Department takes the advice of experts of related field
  • Basically, Department fallow the principle of Novelty, Industrial applicability, and Inventive step to examine
Certificates of Registration
  • If Department found the patent application is patentable after examination provide certificates to the applicant
  • Applicant shall pay a registration fee as prescribed in schedule.
Publication of Registered Patent
  • Department shall publish all patents, except those to be kept secret for national interest in journal
  • 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
  • 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.
  • Upon receipt of the complain Department take necessary action through an investigation.
Term and Renewal
  • Patentee shall have his right on the patent for a period of seven years from the date of registration.
  • The patentee shall renew the patent within 35 days from date of expiry having paid the fee mention in schedule.
  • 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:
  • Copy of registration or license of the business for product or service in which trademark is used or intend to use.
  • Four copies of model of trademark.
  • Authorizations letter if somebody has been authorized to act on behalf of the owner to register the trademark.
  • If the applicant is a foreigner, certified copy of any foreign registration certificate and address for service in Nepal must be submitted with application.
  • Receipt of payment of prescribe application fee.
  • Separate application shall be submitted for the registration of trademark of different categories goods or services.
  • 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
  • The registered trademark holder shall have his right on the trademark for a period of seven years from the date of registration.
  • The registered trademark holder shall renew the trademark within 35 days from the date of expiry.
Cancellation of Trademark
  • The Department may cancel the registration of a trademark in case of that there is a condition of refusal to register.
  • 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
  • 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.
  • Applicant shall submit prescribed application fee.
Registration of Design
  • The Department after examination of any application shall register the in name of applicant
  • The applicant shall pay prescribe registration fee to the Department to obtain the certificate of registration.
Un-registrable Design
  • If, it is deemed to make adverse affect in the dignity of any individual or institution or,
  • It makes bad affect in the well being and morale of the people in general or in the national interest, or
  • If such design has already been registered to the name of other person
  • Department also looks whether the design to be registered is new and original.
  • 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
  • The design holder shall have his right on the design for a period of five years from the date of its registration.
  • The design holder shall renew the registration of design within 35 days from the date of expiry.
Government Fees for Patent, Design and Trademark

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

5,000
7,500

1,000
2,000

-
-
Renewal of trademark per year - - 500
 
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