Patent Registration Patent registration in pakistan
Where would we be without patents? At a more primitive stage of industrial development, without a doubt. Technological progress and economic strength in modern industrialized nations – and Pakistan is no exception – depend greatly on the patent system both at home and abroad.
Patents offer inventors monopolies on their creations for specific periods, and thus provide incentives for research and development. Without the possibility of patent protection, many people might not take the risks or invest the time and money involved in devising and perfecting new products. Our society would be deprived of thousands of innovations, from the proverbial better mousetrap to new medicines, communications systems, energy sources, and so on. And without new products the economy would quickly stagnate.
But patents do more than keeping creative wheels spinning. They are also a means of technological exchange. Each patent document describes a new aspect of a technology in clear and specific terms and is available for anyone to read. They are made public specifically to promote the sharing of knowledge. As such, they are vital resources for businesses, researchers, inventors, academics and others who need to keep up with developments in their fields.
What is patent?
Patent is an official document, recognized by law that confers a right or a title
especially the sole right to make, use or sell some invention or process, hence
protecting the said invention or process.
What Invention is patentable?
Any invention is patentable, if it is
Involves an inventive step
Is capable of industrial application
Cases in which Patent will not be Granted
a) For an invention, the commercial exploitation of which would be injurious to
public order, morality, environment or the protection of human, animal and
b) For plants and animals other than micro-organisms
c) For biological processes for the production of plants and animals.
d) For diagnostic, therapeutic and surgical methods for the treatment of humans
e) For a new and consequent use of a known product or process.
f) For a change in the physical appearance of a chemical product where the
chemical formula or process of manufacture remains the same. However, this
clause shall not apply to an invention that does fulfill the criterion of
Who can apply for patent
An application for the grant of a patent may be submitted by any of the following
Where application is not made by the Inventor
Incase an application is not made by the inventor himself, it must be endorsed by him
in the presence of two witnesses with a statement that the application may be made in
Contents of Specifications
Every complete specification shall consist of:
1. A full description of the invention.
2. The method by which it is to be performed.
3. Must end with a claim defining the scope of the invention.
4. An abstract.( should not be more than 2 pages and must include the entire
technical details relating to the invention)
5. Drawings may also be submitted along with the abstract either at the
applicants will or the controller’s request.
Rights conferred by patent
The holder of a valid patent shall have the following rights:
The owner of a product patent has the right to prevent third parties from the
acts of making, using, offering for sale, selling or importing the product for
The owner of a valid process patent has the right to prevent third parties from
the act of using the process and also from the acts of using, offering for sale,
selling or importing for these purposes the product obtained from the use of
The owner of the patent reserves the right to assign, transfer by succession and
to conclude licensing contracts with reference to the patent
The owner of the patent has the right to institute court proceedings against any
person who infringes the patent or performs any act that make it likely that the
infringement will occur.
The owner of an invention that relates to pharmaceutical or agricultural
chemical product also had the right to file in an application for the grant of
exclusive marketing rights of the product.
Infringement of Patent
The grant of the patent protects the patentable invention from the unauthorized
making, using or selling for practical use or profit, during the life of the patent.
Incase of any such infringement, the law allows the patentee to institute legal
proceedings against the infringer and obtain a wide variety of reliefs ( damages,
injunctions, etc.) for the protection of his work.
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