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» PATENTS
 

The patents office was an attached department of Ministry of Industries & Production established in 1948 under the provision of section 55 of the Patents & Designs Act. 1911(the Act is amended as Patents Ordinance 2002 & Designs Ordinance, 2000). The law of registration of Layout Designs of Integrated Circuits has also been promulgated as “Registered Layout-Designs of Integrated Circuits Ordinance, 2000”. The Patents Office currently is a part of IPO Pakistan (Intellectual Property Organisation) under Cabinet Division.

 

Functions:

 

The Patents Office is an integral part of the progress of the country and of the development of its technological, material resources and it also:

 

  1. Administers the Patents Ordinance, 2000, Designs Ordinance, 2000 and Layout-Designs of Integrated Circuits Ordinance, 2000.
  2. Grant the Patents to the new and novel inventions.
  3. Register the new and novel Designs of an article.
  4. Provide a sound legal and administrative framework for the promotion and protection of intellectual property.
  5. Formulate and review intellectual property policies and legislation.
  6. Represent the government internationally on intellectual property matters.
  7. Collaborate with other organisations and intellectual property offices or programmes.
  8. To encourage research and inventions.
  9. To disclose new technological discoveries.
  10. To disseminate technical information & know-how.
  11. Endeavours to promote new inventions.
  12. To foster and aid industrial development in Pakistan.

 

A patent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent. A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit. The basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial techniques should be improved. In order to encourage improvement and to encourage also the disclosure of improvements in preference to their use in secret. Any person devising any improvement in a manufactured article or in machinery or methods for making it, may upon disclosure of his improvement at the Patent Office demand to be given a monopoly in the use of it for a limited period. After that period, it passes into the public domain. A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and invention enters the public domain, that is, the owner no longer holds exclusive right to the invention, which becomes available to commercial exploitation by others.

 

Any person who makes an invention may deal with it in any of the following ways: -

 

  1. He may broadcast the invention for free use by the public.
  2. He may work the invention in secrecy without patenting.
  3.  He may work the invention openly without patenting.
  4.  He may exploit the invention on the basis of patents.

 

UnPatentable Inventions In Pakistan

 

  • Discoveries of Laws of nature.
  • A productions.
  • Method or producing sound.
  • Computer Programs (Software).
  • Perpetual motion machines.
  • a method of writing music.
  • A fancy name for an article.
  • A trade mark.
  • The discovery of new properties of known substance.
  • A system of alphabet.
  • Chemical & Pharmaceutical product (till 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 heath & their prosperity.
  • Treatment of human beings, animals, flowers & plants.
  • Purely scientific & mathematical formulas & principles.

 

The following are the successive steps of the procedure for obtaining a patent

 

  • Filing the “Application”, accompanied by either a Provisional or a Complete Specification.
  • Filing the Complete Specification, if the Specification filed with the Application was a Provisional Specification.
  • Examination and Acceptance of application by the Patent Office.
  • Overcoming Opposition, if any, to the grant of patent.
  • Sealing the patent.
 
 
 
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