National and
International Instruments
Law of patent
- Suvekshya Thapa
Sec C, Roll no. 33
Table of Content
• National Instruments
1. Patent, Design and Trademark Act, 1965 A.D (2022 B.S)
• International Instruments
1. Paris Convention 1883
2. Patent Cooperation Treaty 1978
3. Patent Law Treaty 2005
4. Budapest Treaty 1977
5. Strasbourg Agreement Concerning the International Patent Classification
1977
National Instruments
PDTA, 2022
This is the primary legislation governing patents in Nepal. It outlines the
procedures for filing patent applications, the criteria for patentability.
Definition: (sec 2.a)
- Patent as a useful invention related to a new method, process, material, or
combination of materials made on the basis of a new theory or formula.
Registration Process of Patent: (sec 3, 4, 5)
1. Submit an application to the Department
Name, residence, and employment of the person who created the patent.
Process of manufacturing, operating or using the patent.
If not inventors, how and in what manner he/she acquired title.
Theory or formula if any.
2. Department shall conduct all investigations to determine its usefulness and
whether invention is new or not.
National Instruments
PDTA, 2022
Term of Protection Period ( Section 8)
Up to 7 years
can be renewed twice every seven years
Allows maximum duration of protection for 21 years.
Non-Patentable Circumstances ( section 6)
If the patent is already registered under someone else’s name.
If the applicant is not the inventor and has not obtained rights from the
original inventor.
If the patent harms public health, morality, or national interest.
If registering the patent violates existing Nepalese laws.
International Instruments
Paris Convention
Scope: Covers patents, trademarks, industrial designs, utility models,
service marks, trade names, and geographical indications. (Art 1)
Three main Categories:
1. National Treatment: Contracting States must grant the same
protection to foreign nationals as their own. (Art 2)
2. Right of Priority: Applicants can claim priority within:12 months for
patents and utility models. later applications are treated as if filed on
the date of the first application. (Art 4)
3. Common Rules:
Patents are Independent in Each Country ( Art 4bis)
Cannot Be Annulled or Refused Based on Foreign Decisions
Right to Be Named as the Inventor ( Art 4ter)
Cannot Be Invalidated Due to Sales Restrictions (Art 4quater)
International Instruments
Patent Cooperation Treaty
The PCT does not grant a single worldwide patent but makes it easier and
more efficient to apply for patents in multiple countries by simplifying the
filing, search, and examination process.
Main Provisions:
1. International Application : Applicants may file single international
application to seek patent protection in multiple Contracting States. (Art 3)
2. Claiming Priority: Allows applicants to claim priority based on an earlier
patent application filed in a country that is a member of the Paris Convention.
( Art 8)
3. Filing Date and Effects of International Application: Once filing date is
the date on which a receiving office accepts the international application.
Once accepted, the application is treated as a national application in each
designated State. Art ( 11)
4. National Phase Processing: Applicants have 30 months from the priority
date to enter the national phase by submitting translations and fees. (Art 22)
International Instruments
Patent Law Treaty
Aims to harmonize and simplify patent procedures across different
countries, making it easier for applicants to obtain and maintain patents,
while reducing costs.
Main Provision:
1. General Principle: Allows Contracting Parties to impose more favorable
requirements for applicants and patent owners. (Art 2)
2. Applicability: Covers national and regional patent applications and
granted patents. (Art 3)
3. Filing a Patent Application: valid filing date is granted if the applicant
provides: (A) indication that a patent is sought, (B)Applicant’s contact
details, (C)description of the invention. ( Art 5)
4. Relation with Paris Convention: Each Contracting Party must follow the
patent-related provisions of the Paris Convention. (Art 15)
International Instruments
Budapest Treaty on the international recognition of the deposit of microorganisms for patent
procedure
All state party to the treaty are obliged to recognize microorganism deposited as a part
of the patent procedure, irrespective of where the depository authority is located.
Recognition of Deposits: If a country requires a microorganism deposit for
patenting, it must recognize deposits made at any officially designated International
Depositary Authority ( IDA). ( Art 3)
Status of IDA: scientifically qualified institutions capable of storing microorganisms
securely, They must : (a) Provide continuous storage, (b)Ensure confidentiality of the
deposit, (c) Issue receipts and viability statements, (d) Make samples available only to
authorized persons.( Art 6)
There are 51 International Depositary Authorities (IDAs) worldwide.
Benefit of this Treaty:
The Budapest Treaty is crucial for biotechnology and related fields where microorganisms
play a central role in the invention.
Saves time and reduces costs for patent applicants as One deposit is enough for all
countries.
Ensures uniform global standards for contracting states.
Increases security and accessibility of deposits.
International Instruments
Strasbourg Agreement Concerning the International Patent Classification 1977
This Agreement established the International Patent Classification (IPC)
system.
This system helps patent offices, inventors, and researchers easily find and
compare patents by assigning standardized classification codes to published
patent documents.
The Agreement creates a Special Union and an Assembly that oversees the
continuous revision of the IPC, ensuring it stays up to date with technological
advancements. A new IPC edition is published every year on January 1.
Use of the Classification: ( Art 4)
IPC is used solely for administrative purposes.
Contracting Party can use it as a primary or secondary classification system.
Patent offices must include IPC symbols in published patents, applications, and
official notices.
The end
