Introduction:
In Pakistan, patent rights play a crucial role in granting exclusive rights to inventors, enabling them to make, use, and sell their inventions for a limited period, typically 20 years. This article aims to provide a comprehensive understanding of patent rights, covering the concept, patentable inventions, exceptions, types of patent applications, and the role of the Patent Office in Pakistan.
The Concept of Patent in Pakistan
A patent is a legal grant that bestows exclusive rights to an inventor to utilize and commercialize their invention for a limited timeframe. Patent protection commences upon the grant of a patent and restricts others from making, using, or selling the patented invention. It is important to note that the patent owner has the authority to grant licenses to third parties or even transfer ownership of the patent. Once the patent expires, the invention enters the public domain, thereby becoming available for general use.
Patentable Inventions in Pakistan
To be considered patentable, an invention must meet certain criteria. These include:
Process or Product: The invention should be either a process or a product.
Novelty: The invention must be new and not previously disclosed to the public in any form.
Inventive Step: The invention should possess an innovative aspect that is not obvious to a person skilled in the relevant field.
Industrial Application: The invention must have the potential for industrial use or manufacture.
Patent Applications in Pakistan
In Pakistan, patent applications are thoroughly examined based on technical and legal merit as outlined in the Patents Ordinance, 2000. The following aspects drive the examination process:
Invention Classification: Inventors can pursue patents for new and useful products, processes, or improvements.
Novelty: The invention should demonstrate novelty, meaning it should not already exist in the public domain before the patent application’s filing date.
Inventive Step: The invention must involve a degree of innovation that would not be apparent to a person skilled in the relevant field.
Industrial Applicability: The invention should be capable of being manufactured or used industrially.
Exceptions and Non-Patentable Inventions in Pakistan
The following categories are not regarded as patentable inventions under the Patent Ordinance, 2000:
Discovery, scientific theory, law of nature, or mathematical method.
Literary, dramatic, musical, or artistic works or purely aesthetic creations.
Schemes, rules, methods for mental acts, games, or business practices.
Presentation of information or computer software.
Naturally occurring substances or isolated derivatives.
Moreover, patents are not granted for inventions that:
Violate public order or morality, harm human, animal, or plant life/health, or cause severe environmental damage.
Involve plants, animals (excluding micro-organisms), or essentially biological processes for producing plants or animals.
Relate to diagnostic, therapeutic, or surgical methods for human or animal treatment.
Encompass a new or subsequent use of a known product or process.
Merely entail a change in the physical appearance of a chemical product.
Types of Patent Applications
Patent applications in Pakistan can be made in the following ways:
Ordinary Patent Application: This application can be filed with either a provisional or complete specification, which establishes the invention’s official date.
Convention Patent Application: This application allows the claim of the “right of priority” based on an application for the same patent made in a World Trade Organization member country.
Patent of Addition Application: For improvements or modifications to existing patented inventions.
The Role of the Patent Office in Pakistan
Established under Section 55 of the Patents & Designs Act, 1911, the Patents Office operates as an attached department of the Ministry of Industries & Production, Government of Pakistan. In compliance with the TRIPS agreement, the Act of 1911 was amended and promulgated as the Patents Ordinance 2000 & the Registered Designs Ordinance, 2000. Since 2005, the Patents Office has been an integral part of the Intellectual Property Organization of Pakistan.
Conclusion:
Understanding patent rights in Pakistan is vital for inventors and individuals involved in the innovation field. By gaining knowledge about the patent application process, requirements, and exceptions, inventors can effectively protect their intellectual property and contribute to technological advancements in the country.