PATENT means any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula.
RIGHT OVER THE PATENT
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Any person, willing to have rights on any patent, has to register such patent under the Patent Design and Trademark Act.
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Any patent registered in the name of any person shall not be copied use used or utilized without the patentee's written consent .
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Ownership of a patent can be transferred in any way to any person as movable property.
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If any body does or attempt to do so or encourage to do any work against these rights of patentee may be punished with a fine by the order of Department and all the materials related with such offence shall be confiscated.
APPLY FOR ACQUIRING PATENT RIGHT:
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Person willing to patent registered in his own name shall have to apply to the Department with following information including all other evidence
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Name, address and profession of inventor.
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In the case of the invention not invented by the applicant himself, the conditions acquiring such right from inventor by the applicant,
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Method of operation or utilization of such invention
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Principle or formula, if such patent is based on any principle or formula
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Drawings and sketch of invention (if necessary)
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Prescribed application fee as mention in schedule
UN-PATENTABLE INVENTION
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If it has already been registered in the name of other
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If the patent asked to be registered is not invented by the applicant himself and he has not acquired the right from the inventor
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If the patent asked to be registered is found to cause adverse effect in health , conduct or morale or people in general or in the national interest
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If it violates any prevailing laws of Nepal.
EXAMINATION OF PATENT APPLICATION
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Department upon submission of an patent application examine the invention whether it is new or not, it is useful to the people in general or not
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If it deems necessary, Department takes the advice of experts of related field
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Basically, Department fallow the principle of Novelty, Industrial applicability, and Inventive step to examine
CERTIFICATES OF REGISTRATION
PUBLICATION OF REGISTERED PATENT
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Department shall publish all patents, except those to be kept secret for national interest in journal
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Anybody willing to see or take a copy of the statement, drawing or sketch of a patent published in journal may see or take a copy of such patent document on payment of a fee as prescribed.
OPPOSITION
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If any body has any complain upon any patent he may lodge such complains to the Department within thirty-five days from the date on which the patent is seen or a copy of such patent document is taken.
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Upon receipt of the complain Department take necessary action through an investigation.
TERM AND RENEWAL
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Patentee shall have his right on the patent for a period of seven years from the date of registration.
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The patentee shall renew the patent within 35 days from date of expiry having paid the fee mention in schedule.
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Renewal of a patent may be made for two times of seven years.
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