Patent Registration in Pakistan: A Comprehensive Guide
Patent Penalties in Pakistan
The patent law in Pakistan outlines penalties for violations under the Patent Act. While infringement itself is not a criminal act, certain actions can lead to consequences. Here are some key points:
Penalties for Specific Violations
- Secrecy Provisions: Failure to comply with secrecy directions or making patent applications in contravention can result in imprisonment or fines.
- False Information: Providing false information in registers or documents is punishable by imprisonment or fines.
- Misrepresentation: Falsely claiming patent protection for an article can lead to fines.
- Misuse of “Patent Office”: Unauthorized use of “Patent Office” or similar terms can result in imprisonment and fines.
- Failure to Provide Information: Refusing to furnish required information to the Controller can lead to fines.
- Non-Compliance with Section 20: Failure to file required statements or providing false information can result in fines.
- Unauthorized Patent Agents: Practicing as a patent agent without registration leads to fines.
- Company Offenses: Company owners, directors, and employees with knowledge and consent are liable for offenses committed by the company.
Patent Registration Process in Pakistan
Before applying for patent registration, it’s important to understand the eligibility criteria and the application process.
Eligibility for Patent Registration
To be eligible for patent registration, an invention must meet the following criteria:
- Novelty: The invention must be new and not previously disclosed to the public.
- Inventive Step: It must involve an inventive step that is not obvious to a person skilled in the relevant field.
- Industrial Application: The invention must be capable of industrial application, meaning it can be produced and used in some form of industry.
- Legality and Morality: The invention must not be contrary to law or morality.
Registration Procedure
The patent registration process in Pakistan involves the following steps:
- Application Filing: Submit either Form P-1 (Application for Patent) or Form P-2 (Convention Application for Patent) along with the invention specifications. Specifications can be complete or provisional and may include additional sheets with details, drawings, and claims.
- Examination and Evaluation: The Patent Office examines the application and may request clarifications or additional information. The applicant may need to defend their application if there is opposition from other parties.
- Grant of Patent: If the application meets all requirements and any opposition is resolved, the patent is granted for a period of 20 years, subject to renewal. The applicant must file Form P-10 (Request for Sealing) to finalize the process.
This guide provides a general overview of patent penalties and the registration process in Pakistan. It’s recommended to seek professional legal advice for specific situations and to ensure compliance with all applicable laws and regulations.