Patent and Design Registration

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Patent and Design Registration

A patent is a legal protection granted to inventors for their novel and non-obvious inventions. In Nepal, patent registration provides the inventor with the exclusive right to make, use, sell, or license their invention for a specific period, usually 20 years from the filing date of the patent application. This protection is granted by the Department of Industry under the Ministry of Industry, Commerce and Supplies.

Design registration protects the ornamental or aesthetic aspects of a product's appearance, such as its shape, configuration, surface ornamentation, or a combination of these elements. In Nepal, design registration grants the creator exclusive rights to use and license the registered design for a specific period, usually 15 years from the date of registration.

Terms and conditions

Patent and Design Registration

Patent and design registration in Nepal provides legal protection for inventions and industrial designs, respectively. The registration process helps establish ownership rights and offers legal recourse in case of infringement. Here's a description of patent and design registration in Nepal:

1. Patent Registration:
   a. Eligible Inventions: Patents in Nepal can be granted for inventions that are new, involve an inventive step, and are capable of industrial application. This includes processes, products, and improvements thereof.
   
   b. Patent Office: The Department of Industry, Patent Registrar Office, under the Ministry of Industry, is responsible for patent registration in Nepal. It is located in Kathmandu.
   
   c. Application Process: To register a patent in Nepal, the inventor or their authorized representative must submit an application to the Patent Registrar Office. The application should include the following information:
      - Application Form: The applicant needs to fill out the prescribed application form, which can be obtained from the Patent Registrar Office or downloaded from their official website.
      - Description and Claims: A detailed description of the invention, along with the patent claims that define the scope of protection sought, should be included in the application.
      - Drawings and Abstract: Drawings or diagrams illustrating the invention, if applicable, and an abstract summarizing the technical features should be provided.
      - Supporting Documents: Any necessary supporting documents, such as a proof of right to apply or a priority document, should be included.
      - Applicant's Details: The application should include the applicant's name, address, and contact information.
      
   d. Filing Fee: A prescribed fee is payable at the time of submitting the patent application. The fee structure may vary depending on factors such as the type of applicant and the number of claims.
   
   e. Examination and Grant: After the application is filed, the Patent Registrar Office conducts an examination to assess the patentability of the invention. If the application meets the requirements, a patent is granted, and a patent certificate is issued to the applicant.
   
   f. Duration of Protection: The term of a patent in Nepal is generally 20 years from the filing date of the application. An annual renewal fee must be paid to maintain the patent in force.

2. Design Registration:
   a. Eligible Designs: Industrial designs that are new and have an aesthetic appearance can be registered in Nepal. This includes the shape, configuration, or pattern applied to an article.
   
   b. Design Office: The Department of Industry, Design Registrar Office, under the Ministry of Industry, is responsible for design registration in Nepal. It is located in Kathmandu.
   
   c. Application Process: To register a design in Nepal, the creator or their authorized representative must submit an application to the Design Registrar Office. The application should include the following information:
      - Application Form: The applicant needs to fill out the prescribed application form, which can be obtained from the Design Registrar Office or downloaded from their official website.
      - Representation of the Design: Drawings, photographs, or other visual representations showing the design from various angles should be included in the application.
      - Applicant's Details: The application should include the applicant's name, address, and contact information.
      
   d. Filing Fee: A prescribed fee is payable at the time of submitting the design application. The fee structure may vary based on factors such as the number of designs being registered.
   
   e. Examination and Registration: After the application is filed, the Design Registrar Office examines the application to determine if it meets the requirements. If approved, the design is registered, and a design certificate is issued to the applicant.
   
   f. Duration of Protection: Design protection in Nepal lasts for an initial period of 5 years from the filing date of the application. It can be 
renewed for two further terms of 5 years each, totaling a maximum of 15 years.

It's important to consult the official resources of the Patent Registrar Office and Design Registrar Office or seek legal advice for the most accurate and up-to-date information regarding patent and design registration in Nepal.

Patent and Design Registration FAQ'S

01.What does a patent do?

An individual or firm obtains the intellectual property right of an invention, the patent right grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.

02.How to obtain Patent registration?

Following steps need to be followed to obtain patent registration. Patentability/ Novelty research Drafting the patent application Patent application filing Patent application publication Examination Examination report issuance Granting the patent.

03.Who can get patent registration?

The following can obtain patent registration: Art, process, method, or manner of the manufacture Machine, apparatus Any products produced by manufacturing Computer software with technical application And even product paten for food, chemicals, medicines or drugs.

04.For how long is the patent registration valid?

Patent registration is valid for 20 years.

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