Patent registration in Pakistan. Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world’s fifth-most populous country, with a population exceeding 225.2 million, and has the world’s second-largest Muslim population. Pakistan is a middle power and has the world’s sixth-largest standing armed forces. It is a declared nuclear-weapons state and is ranked among the emerging and growth-leading economies, with a large and rapidly-growing middle class. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Pakistan.
To be patentable in Pakistan, an invention must satisfy the new, nonobvious, inventive, and industrially applicable requirements.
However, it should be noted that, unlike most countries, the novel requirement in Pakistan is absolute, meaning that there are no exceptions if the innovation of the patent application is published publicly before the filing date.
The said publication will result in the invalidity of the patent application and it will be rejected.
According to the law of Pakistan, the unpatentable subjects in Pakistan are:
- discoveries of laws of nature;
- productions;
- method of producing sound;
- computer programs (software);
- perpetual motion machines;
- a method of writing music;
- a special name for an article;
- a trademark;
- the discovery of new properties of a known substance;
- a system of the alphabet;
- chemical and pharmaceutical products (until 2004);
- a system of shorthand;
- literary, dramatic, musical, and artistic works;
- doctor’s prescriptions and patent medicines;
- a system of indexing;
- mere charts, diagrams, or printed sheets;
- a surgical operation;
- articles harmful to public health and their prosperity;
- treatment of human beings, animals, flowers, and plants; and
- purely scientific and mathematical formulae and principles.
Necessary documents for patent registration in Pakistan
The necessary documents for patent registration in Pakistan include:
- The request to grant a patent (patent application);
- Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
- A description of the invention;
- A signed and stamped power of attorney by the applicant(s);
- A copy of the amendments (if any);
- Priority documents (if any).
- Other required documents.
The procedure of patent registration in Pakistan
To obtain a patent in Pakistan, the applicant needs to file their patent application to the IP Office of Pakistan.
The patent application will be examined by the examiners at the IP Office. After the regulated procedures, the examiner will issue an examination report (office objections). According to the law, this period must be completed within 1 year from the filing date.
The entire examination process will take about 2-3 years. During this period, the applicant needs to cooperate with the IP Office and answer in time to all of their requests.
If there are no problems, the patent application will be accepted and published in the Gazette of Pakistan for opposition made by third parties. This period is 4 months.
After the expiration of the opposition period, the patent will be granted and have a validity of 20 years.
Notes regarding the patent system in Pakistan
Even after the granting of the patent, the patentee may also have their rights retrieved, disqualified, or removed if the Pakistan government decides that his/her action is affecting the public interest, in particular national security, health, or the development of other vital sectors of the national economy.
Like most other aspects of society, the claiming of a patent infringement case to a patent has a time limit. This means that if the infringement action happens, the patentee will have a limited 3 years period to file for remedy and other actions to protect their rights. Any actions brought after this period will be barred.
Currently, in Pakistan, there are no provisions to expedite patent prosecution at the Patent Office.
You can see a list of Pakistan IP firms here.