A patent for a product, process, machine or improvement thereof prevents others in Pakistan from making, using, or selling the invention for up to 20 years. While a patent search is not mandatory it can be beneficial when filing a patent application with the Intellectual Property Organization of Pakistan (IPO-Pakistan), as applications are submitted on a specific form and a specification which is binding must be provided.
What Can Be Patented Under The Patents Ordinance 2000
An invention must be novel (not disclosed in the ‘state of the art’), involve an inventive step (not obvious to a person skilled in the art) and be industrially applicable to be granted a patent in Pakistan. Inventions take the form of a working prototype described in the patent specification – a patent cannot be granted for an idea – and applications are examined for technical and legal novelty before acceptance.
Patent Application Process At A Glance
- File the application. Most patent applications are filed using from P-1 (sole or joint inventor – direct application) or P-1A (true inventor is not applicant). The filing fee is PKR 6,750, with additional costs incurred per page of specification (PKR 90/page for pages over 40) and claim (PKR 225/page for claims over 20). A provisional application (Form P-3, filing charge PKR 2,025) may be filed if a complete specification is not available to secure an early filing date with the opportunity to submit a complete specification 12 months later.
- Examination. A qualified examiner reviews the application for compliance with the Patents Ordinance and conducts a prior art search to identify any conflicting patents, either in Pakistan or internationally, to assess the invention’s novelty and inventive step. If the application is incomplete or the invention lacks novelty or inventiveness, IPO-Pakistan will issue an Office Action requesting clarification or amendments.
- Acceptance and publication. Once all objections have been overcome, the application is accepted for publication in the Official Gazette, Part V. A notice of opposition may be filed with the Controller by any party within six months of publication.
- Grant. If no successful oppositions are filed, a request for sealing (Form P-10) must be submitted and the patent granted, which provides the inventor with exclusive rights for 20 years from the filing date, subject to payment of annual renewal fees.
Patent Application Cost Overview
In addition to the filing fee (PKR 6,750), an additional request for search fee (Form P-27, PKR 1,500) may be submitted to identify any conflicting patents and a renewal fee must be paid from the 5th year of filing (renewal fees increase every 4 years: 12,000 / 18,000 / 24,000 / 32,000). Attorney fees are typically charged separately to prepare a patent application and specification for filing and prosecution at IPO-Pakistan.
The Importance Of A Professional Prior-Art Search In Pakistan
A significant number of applications are rejected at the examination stage on grounds of lack of novelty or inventive step. A professional prior-art search conducted by a qualified patent attorney and specification drafted to withstand examination and avoid office actions is advisable in such circumstances. Our patent registration services include conducting a prior-art search, preparing the specification, filing the application, and responding to any office actions to ensure a smooth patent grant.
Patents are often part of a larger intellectual property strategy – if you have not yet registered a trademark for your business name or logo consult our guide on how to register your brand in Pakistan.
Frequently Asked Questions About Patents In Pakistan
How long is a patent valid in Pakistan?
A patent is valid for 20 years from the filing date, subject to payment of renewal fees.
Is a patent attorney required to file a patent application in Pakistan?
A patent attorney is not mandatory but most applications are prepared by a patent attorney due to the legal and technical nature of the application documents including the specification and claims.
What is the difference between a provisional and complete patent specification?
A provisional specification (Form P-3) is filed to secure an early filing date but a complete specification must be filed within 12 months. A complete specification is required for a patent to be granted.
What is the cost of filing a patent application in Pakistan?
The filing fee is PKR 6,750 with additional costs incurred for pages and claims over the prescribed limits.
