Not all inventions can be patented in Pakistan. Understanding the exclusions can save you months of effort when filing. The Patents Ordinance 2000 outlines the positive test for patentability as well as exclusions.
The basic test for patentability
An invention (which may be a product or process, related to any field of technology) is patentable if it is novel (not part of the “state of the art” disclosed anywhere in the world), has an inventive step (would not be obvious to a person skilled in the relevant field), and is industrially applicable (can actually be manufactured or used).
What cannot be patented
Section 7 of the Patents Ordinance 2000 (as amended in 2002, 2006 and 2010) excludes certain inventions from being patented, even if they meet the criteria above:
- Discoveries, scientific theories, or mathematical methods;
- Literary, dramatic, musical, or artistic works, or any other aesthetic creation;
- Schemes, rules, or methods for performing a mental act, playing a game, or doing business (includes computer software as such);
- The mere presentation of information;
- Substances that occur in nature, or are isolated from nature without inventive transformation;
- Inventions the commercial exploitation of which needs to be prevented to protect public order, morality, or animal/plant life and health;
- Diagnostic, therapeutic, and surgical methods for treating humans or animals, and certain biotechnology based inventions;
- A new or subsequent use of a known product or process;
- A mere physical change in the appearance of a chemical product (where the formula or manufacturing process is unchanged);
What this means in practice
The majority of rejected or withdrawn applications in Pakistan fall foul of two issues: the invention is either an idea, a business method or a computer software idea without technical implementation; or a product that is already known with only cosmetic changes. Real engineering improvements, new manufacturing processes, mechanical devices and technical products with industrial application are the inventions that pass examination.
Get a professional assessment before you file
Because the exclusions are applied alongside the positive test for novelty and inventive-step, it is worth getting a patentability opinion before incurring the costs of filing and specification drafting. Our patent registration services include an initial assessment against the exclusions and a prior-art search, so you understand your options before you file. To understand how to proceed with filing once you have an invention that passes the patentability test, see our guide on how to patent an invention in Pakistan.
Frequently asked questions
Can I patent a business method or app idea in Pakistan?
No. Schemes or methods for doing business, and computer software as such, are excluded under section 7 of the Patents Ordinance 2000. A technical system implementing a genuine engineering solution may qualify, but not the idea or method as such.
Can naturally-occurring substances be patented?
No, substances that occur in nature, or are merely isolated from it, are excluded (unless there has been a genuine inventive transformation).
Are medical treatment methods patentable in Pakistan?
Diagnostic, therapeutic, and surgical methods for treating humans or animals are excluded from patentability.
What are the three requirements for patentability?
Novelty, inventive step, and industrial applicability. All three must be met, and the invention must not fall into any of the section 7 exclusions.
