Patent Requirements in Pakistan
In Pakistan, any person can apply for a patent on his invention, according to that country's Intellectual Property Organization.
The Intellectual Property Organization of Pakistan states four main requirements for patentable inventions: The idea must be new, it involves an inventive step, it's capable of industrial applications and it should not be contrary to law or morality. A gambling apparatus, for example, or tools to burglarize houses, would not be patentable.
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What the Patent Provides
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According to Pakistan's Intellectual Property Organization, the patent gives the inventor the exclusive right to make, sell and use the invention for up to 20 years. After that, the invention enters the public domain, meaning it can be commercially exploited by others.
Patent owners can license their invention, or allow other parties to use it on mutually agreed terms, according to the Intellectual Property Organization of Pakistan. The owner can also sell the rights to the invention to someone else. Salim Hasan, a patent attorney with the Meer & Hasan law firm in Lahore, Pakistan, noted that patents are not limited to Pakistan citizens. People from other countries could use the same process if they wanted to manufacture, market and sell their inventions there.
What's Not Considered an Invention
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According to Pakistan's Intellectual Property Organization, the following would not be patentable because they are not considered inventions: A discovery, scientific theory or mathematical method; literature, drama, musical or artistic work; a scheme, rule or method for performing a mental act, playing a game or doing business; the presentation of information; and substances that exist in nature.
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A few exceptions
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The government reserves the right not to grant patents on patentable inventions in special circumstances, according to the Intellectual Property Organization of Pakistan. Most notably: inventions whose commercial exploitation is needed to protect public health, order or morality, as well as animal or plant life or health; diagnostic, therapeutic or surgical methods for the treatment of humans or animals; and certain biotechnology-based invention. However, said Salim Hasan, patent attorney, "a chemical product intended for use in medicine is patentable."
Other Unpatentable Inventions
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Many inventions are unpatentable, according to the Intellectual Property Organization of Pakistan, including: discovery of laws of nature; a computer program; a method of producing sound or writing music; a system of alphabet; and a trademark.
Master and Servant Clause
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An employer has the right to own the patent on an invention created by an employee, unless the creation is in an area entirely outside the scope of the employer's business.
If the invention is made during the time of employment and in the scope of the employer's business, then it belongs to the employer.
The government also has the right to secure secrecy of some inventions to protect national security.
Details for Submitting a Patent Application
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The initial filing fee is 2250 Pakistani rupees, but it increases if the application is more than 40 pages or if it lists more than 20 claims on the invention (see Resources).
Applications for a patent can be sent to:
DG-IPO Pakistan
The Patent Office
Second Floor Kandawala Building
Main M.A. Jinnah Road
Karachi - 75500
PakistanInventors are advised to consult an attorney before sending an application, though it's not required.
The patent office in Pakistan does not have an online data base for researching existing patents, so requests related to data base listings and information should also be mailed to the address above.
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