Patents Laws in Pakistan

Here’s a detailed overview of patent laws in Pakistan:

🇵🇰 Patent Laws in Pakistan

1. Governing Legislation

The Patents Ordinance, 2000 is the primary legislation regulating patents in Pakistan.

The Ordinance is enforced by the Intellectual Property Organization of Pakistan (IPO Pakistan).

Pakistan is also bound by various international agreements including the TRIPS Agreement, Paris Convention, and the Patent Cooperation Treaty (PCT).

2. Patentability Criteria

An invention must be:

New: Not previously disclosed anywhere.

Involve an inventive step: Non-obvious to a person skilled in the art.

Capable of industrial application: Useful in any industry.

Exclusions include:

Discoveries, scientific theories, mathematical methods.

Methods of agriculture or horticulture.

Schemes, rules or methods for performing mental acts, playing games or doing business.

Computer programs "as such".

Aesthetic creations.

Methods of treatment or diagnosis on humans or animals (products used for such methods can be patented).

3. Patent Term

Patent protection lasts for 20 years from the filing date.

Annual renewal fees must be paid to maintain the patent.

4. Patent Application Process

Applications are filed with IPO Pakistan.

Pakistan offers national filing and is a member of the PCT, allowing international applications to enter national phase.

The application must include a request, description, claims, abstract, and drawings (if any).

Substantive examination is conducted on request within 48 months from filing or priority date.

If no request for examination is made, the application will not proceed to grant.

5. Languages

Applications must be filed in English or Urdu.

English is most commonly used in practice.

6. Enforcement

Patent infringement cases are handled in civil courts.

Remedies include injunctions, damages, and seizure of infringing goods.

Criminal penalties may apply for willful infringement.

7. International Treaties

Pakistan is a member of:

Paris Convention (since 1997)

Patent Cooperation Treaty (PCT) (since 1999)

TRIPS Agreement

8. Additional Notes

Pakistan provides a grace period of 12 months for disclosures made by the inventor before filing.

IPO Pakistan provides an online portal for filing and tracking patent applications.

Summary Table

AspectDetails
Governing LawPatents Ordinance, 2000
Patent Term20 years from filing date
ExaminationSubstantive examination on request
LanguageEnglish or Urdu
Patent OfficeIntellectual Property Organization of Pakistan (IPO Pakistan)
International TreatiesParis Convention, PCT, TRIPS
EnforcementCivil courts, injunctions, damages

 

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