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Patent penalty
The patent law have certain penalties if there are certian violation under the patenct act. infringement is not a criminal act the Patent act does not make patent infringement an act that can be visted with criminal consequences
If any person fails to comply with any direction given under section 25 or makes or causes to be made an application for the grant of a patent in contravention of section 26, he shall be punishable with imprisonment for a term which may extend to two years, or with fine not exceeding twenty thousand rupees, or with both.
2. Penalty for false entry in any register, etc.
If any person makes, or causes to be made, a false entry in any register kept under this Ordinance, or a writing falsely purporting to be a copy of an entry in such a register, or produces or tenders, or causes to be produces or tendered, in evidence any such writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine not exceeding twenty thousand rupees, or with both.
3. Penalty for false representation.
If any person falsely represents that any article sold by him is patented in Pakistan or is the subject of an application for a patent in Pakistan, he shall be punishable with fine which may extend to five thousand rupees.
4. Penalty for wrongful use of words patent office.
If any person uses on his place of business or any document issued by him or otherwise the words patent office or any other words which would reasonably lead to the belief that his place of business is, or is officially connected with, the Patent Office, he shall be punishable with imprisonment for a term which may extend to two years, and with fine which may extend to one million rupees.
5. Penalty for refusal or failure to supply Information.
If any person refuses or fails to furnish to the Controller any information or statement which he is required to furnish by or under this Ordinance, he shall be punishable with fine which may extend to five thousand rupees.
6. Penalty for contravention of section 20.-
If the applicant fails to file the statement required under section 20 or has furnished information which in any material particular is false to his knowledge or if he fails to comply with the Controllers request within the specified time, he shall be punishable with fine which may extend to five thousand rupees.
7. Penalty for practice by non-registered patent agents.-
If any person contravenes the provisions of section 82, he shall be punishable with fine which may extend to twenty five thousand rupees in the case of a first offence and one hundred thousand rupees in the case of a second or subsequent offence.
8. Offences by companies, etc.
Where the person guilty of an offence under this Ordinance is a company, corporation, firm or institution, every owner, director, and employee of the company, firm, institution or corporation, having knowledge of the offence and consented to the commission of the offence shall be guilty of the offence.
registration of Patent?
Before filling of Application for the registration of Patent, you should be aware that the following persons are entitled to make an application for Patent:-
1. The true and the first inventor or inventors of the invention or his or, as the case may be, their assignee or successor -in –interest; and
2. The legal representative of any deceased person who immediately before his death was entitled to make such application
The criteria
Any invention that meets the standards set by Patent Office is eligible to apply for Patent registration. The criteria that describe the patent-ability of an invention are:
1.The invention is new.
2. It involves an inventive step.
3. It is capable of industrial application.
4. It should not be contrary to law or morality.
Registration Procedure
The procedure to register a patent, as detailed by Patents Office, Pakistan is as follows:
1. Request for a patent is initiated by filling out ‘Form P-1’ (Application for Patent) or ‘Form P-2’ (Convention Application for Patent), along with the Specifications of the invention.
A, The Specifications described in the Application form can be either complete or provisional
B, Specifications of the patent can be detailed on extra sheets (if required), and include steps, processes, drawings and claims.
C, Complete specifications are filled out on ‘Form P-3A’ (Application for Complete Specification). Provisional specifications have to be filled out using ‘Form P-3’ (Application for provisional specification).
D, Forms P-1A, P-1B or P-1C have to be provided with ‘Form P-3A’ if the original application form is Form P-1. On the other hand, if the original application form is P-2, then the Specifications Form P-3A must accompany Forms P-2A, P-2B or P-2C.
F, If a Provisional specification is provided with the application, complete specification must also be provided following the original submission before moving on to the next step.
2, The Application is examined and evaluated by the competent authority at Patent Office.
A. Applicant will have to defend their registration application if there is any opposition regarding the patent from some other party that lays claim to the same patent, wholly or partially.
B. Parties that want to oppose a registered/accepted/withheld/applied for patent can do so by filling out ‘Form P-7’.
In case no objection is raised during evaluation or the legal matters are settled with the opposition, the patent is sealed once the applicant(s) duly fill and submit ‘Form P-10’ (Request for Sealing), and the applicant is granted the rights for it for 20 years (subject to renewal).