2. How to file a patent in Pakistan
• A patent is a grant from the government which confers
(grant: a title, degree, right) on the grantee,
• for a limited term of 20 years,
• exclusive rights to make,
• use and sell the invention.
• The patent grant excludes others from;
• making,
• using or
• selling the invention.
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3. What includes in patent
• When patents have been granted in respect to
products it includes:
1. making,
2. importing,
3. offering for sale,
4. selling and using the product
5. stocking such product for the purposes of offering for
sale
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4. Laws of patent in Pakistan
• Laws of Pakistan in relation to Patents include;
• Patents Ordinance, 2000 and
• Patents Rules, 2003.
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5. Right of patent owner
• The patent owner has the right to decide who may or may not
use the patented invention for the period in which the invention
is protected.
• The patent owner may give permission to, or license, other
parties to use the invention on mutually agreed terms.
• The owner may also sell the right to the invention to someone
else, who will then become the new owner of the patent.
• Once a patent expires, the protection ends, and invention
enters the public domain, that is, the owner no longer holds
exclusive right to the invention, which becomes available to
commercial exploitation by others.
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Exploit: 1 make use of and derive benefit from (a resource).
2 make use of unfairly; benefit unjustly from the work or actions of.
6. Criteria for patent
• Any intervention that meets the substantive criteria for
patentability, namely, novelty, inventive step and industrial
applicability are Patentable.
• It should have the following characteristics:
• The intervention must be new
• It involves an inventive step
• It is capable of industrial application
• It should not be contrary to Law and Morality
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Intervention: involvement in a difficult situation in order to improve it or prevent it from getting worse,
7. Registration of Patent
• Patent registration involves various steps which include;
• Filing the Patent application at the Patent Office of Pakistan on
prescribed form (P-l,P1A,P-2,P2A) and
• Paying the filing fee.
• This application can be accompanied by either a Provisional or a
Complete Specification.
• Patent specification gives technical disclosure of the invention.
• The description must contain enough information for the person
skilled-in-the-art to be able to understand what the invention is
and how the invention is to be performed.
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8. Examination of the specification
• Specification is the most important document that a
patent examiner examines.
• The application should be in compliance with legal
requirement
• A search through National and International
Databases, to see if the claimed invention is new,
useful and non-obvious
• The examiner issues a written examination report.
• It may be in favor of inventor of vise versa
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9. Examination of the specification Continued
• In report the inventor may be asked for amendments to
overcome the objections.
• The examiner must then reconsider the application in
the light of the applicant’s response.
• If any office action remains unresolved, the examiner
issues another report.
• If the applicant does not comply with the office action
within the given time the application will lapse.
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10. Examination of the specification Continued
• When the application is free of objections (either at the
beginning of examination or as a result of an applicant’s response
to report), the examiner is obliged to accept the application.
• The acceptance is then advertised in the Official Gazette Part V.
• A decision is reached by the examiner in the light of the study
and the result of the search.
• As a result of the examination by the Patent Office, patents are
granted.
• This is followed by sealing the patent with the seal of
the Patent Office..
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