Not every invention qualifies for a patent in Pakistan, and knowing the exclusions before you spend money on drafting and filing can save you months of wasted effort. The Patents Ordinance 2000 sets out both the positive test for patentability and a specific list of what falls outside it.
The Basic Test
Under the Ordinance, an invention – whether a product or a process, in any field of technology – is patentable if it meets three conditions: novelty (it isn’t already part of the “state of the art” disclosed anywhere in the world), inventive step (it wouldn’t be obvious to someone skilled in that field), and industrial applicability (it 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 several categories outright, even if they might otherwise seem inventive:
- Discoveries, scientific theories, or mathematical methods
- Literary, dramatic, musical, or artistic works, or anything of a purely aesthetic character
- Schemes, rules, or methods for performing a mental act, playing a game, or doing business (this also covers computer software as such)
- The mere presentation of information
- Substances that exist in nature, or that are simply isolated from nature without genuine inventive transformation
- Inventions whose commercial exploitation 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 an already-known product or process
- A mere physical change in the appearance of a chemical product where the underlying formula or manufacturing process stays the same
What This Means in Practice
A lot of rejected or withdrawn applications in Pakistan fall into one of two traps: either the “invention” is really just an idea, a business method, or a piece of software logic with no technical implementation behind it, or it’s a product that already exists in the prior art with only cosmetic changes. Genuine engineering improvements, new manufacturing processes, mechanical devices, and technical products with a demonstrable industrial use are the inventions that consistently clear examination.
Get a Professional Assessment Before You File
Because the exclusions are assessed alongside the novelty and inventive-step requirements, it’s worth having a patentability opinion done before committing to the filing fee and specification drafting. Our patent registration services include an upfront assessment against the Ordinance’s exclusions and a prior-art search, so you know where you stand before you file. For the full filing process once you’ve confirmed your invention qualifies, 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 that implements a genuine engineering solution may still qualify, but the idea or method alone will not.
Can naturally occurring substances be patented?
No, substances that exist in nature, or are merely isolated from it, are excluded – unless there is a genuine inventive transformation involved.
Are medical treatment methods patentable in Pakistan?
Diagnostic, therapeutic, and surgical methods for treating humans or animals are excluded from patentability under the Ordinance.
What are the three core 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.
