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1. LEGAL BASIS:

The legal foundation for patent registration in Nepal is established by the Patent, Design and Trademark Act, 2022 (1965) ("PDTA"). The Department of Industry ("DOI"), operating under the Ministry of Industry, Commerce, and Supplies, is responsible for administering and registering patents in Nepal.  

Additionally, Nepal is a party to the Paris Convention for the Protection of Industrial Property, 1886 ("Paris Convention"), enabling applicants to file patent applications in Nepal claiming convention priority. This requires submitting a certified copy of the convention application.

2. APPLICATION REQUIREMENTS FOR PATENTS:

According to Section 2(a) of the PDTA, a patent is defined as "any useful invention relating to a new method, process, manufacture, operation, or transmission of any material or combination of materials, or based on a new theory or formula." An application must be filed at the DOI by either the inventor or a person authorized to use the patent rights.

Section 4 of the PDTA mandates the submission of the following details with the patent application:

a) Full name, address, and occupation of the inventor;

b) If the applicant is not the inventor, evidence of how ownership rights were obtained from the inventor;

c) Detailed description of the manufacturing, operational, or usage process of the invention;

d) The theory or formula on which the patent is based; and

e) Maps, drawings, and relevant specifications.

3. DOCUMENTS REQUIRED FOR PATENT REGISTRATION

The DOI requires the following documents for patent registration:

a) Completed application form;

b) Power of attorney (POA),

c) Notarized copy of the complete specification, including claims;

d) Notarized or certified copy of the filing receipt or application in English in case of priority claim; and

e) Notarized or certified copy of the home registration certificate of the patent in English.

4. INVENTIONS WHICH ARE NON-PATENTABLE

Under Section 6 of the PDTA, The DOI may reject a patent application for the following reasons:

a) If the invention has already been patented by someone else;

b) If the applicant is neither the inventor nor a rightful transferee of patent rights;

c) If the patent poses a risk to public health, conduct, morality, or national interests; or

d) If the invention’s registration conflicts with existing laws in Nepal.

However, the DOI must provide the applicant with a reasonable opportunity to present their case before making a final decision to reject the patent application.

5 PATENT INVESTIGATION
Once a patent application is submitted, the Department of Industry (DOI) initiates an investigation to determine the following:

·       Whether the invention is new;

·       Whether it serves the public interest; and

·       Whether it satisfies the criteria of novelty, industrial applicability, and inventive step, as per Nepalese patent law.

Based on these evaluations, the DOI decides whether the patent application qualifies for registration. If approved, the DOI issues a registration certificate, which is granted only after the applicant pays the required registration fee.

6. PUBLICATION:

All registered patents, except those deemed confidential for reasons of national interest, are published in the Nepal Gazette. After publication, any individual may obtain or view a copy of the publication by paying the applicable fee to the DOI.

According to Section 21(A) of the Patent, Design and Trademark Act (PDTA), if anyone has objections to the details published, they may file a complaint within 35 days from the date they receive the patent copy. The DOI is then obligated to take appropriate action after conducting a reasonable inquiry.

7. PATENT VALIDITY

Under Section 8, a patent remains valid for a period of seven years from the date of registration. Upon expiration, it may be renewed within 35 days. A patent can be renewed no more than twice, with each renewal granting an additional seven-year term.

8. GOVERNMENT FEES