Handbook

INTELLECTUAL PROPERTY

Intellectual property rights refer to a person's ownership of his or her mental inventions. For a set amount of time, they usually grant the creator exclusive rights to utilize his or her work. There are four types of Intellectual property Patent, Trademark, Industrial Design and Copyrights. Patent, Trademark and Industrial Design matters are handled by the Ministry of Industry, Commerce, and Supplies Depart of Industry, whereas Copyright concerns are handled by the Ministry of Culture, Tourism, and Civil Aviation.

Process of Patent

According to Patent, Design and Trademark Act 2022(1965), “patent” means any useful invention relating to a new method of process or manufacture, operation or transmission of any material or a combination of materials, or that made on the basis of a new theory or formula.

S.N Agency Time Cost Required Document Condition where Patent cannot be Registered
1 Department Of Industry (DOI)

Approximately 1 to 2 year upon submission if all required documents and approval from DOI.

Total Tenure of patent protection is 21 years:

  • 7 years valid from the date of Registration
  • Renewed twice at the interval of seven years

1. Application – 2,000

2. Registration - 10,000

3. Renewal – 2,000

  • For the First Time- 35,000
  • For the Second Time- 52,500
  • Late Renewal- Additional 1,000
  • Application in the Prescribed Format
  • Power of Attorney
  • Name, address, occupation of the person or the company of inventor of the Patent.
  • The document giving right to the applicant by the inventor in case the applicant is not the inventor.
  • Method of using or operating or making of such Patent.
  • Principle or Formula if the Patent is bases on such Principle or Formula.
  • Patent Specification along with patent description, drawings, and patent claim.
  • Identification of Patent Applicant.
  • Other additional documents as the DOI may deem necessary.
  • If the patent is already registered in the name of any other person.
  • If in case the applicant him/herself is not the inventor of the patent sought to be so registered nor has acquired the rights over it from the original inventor
  • In case the registration of the patent will constitute a contravention of existing law of Nepal

Industrial Design

“Design” means the form or shape of any material manufactured in any manner, according to Patent, Design and Trademark Act 2022(1965).

i. Upon registration under Section 14, a person may acquire title to the design of any object created or caused to be manufactured under this Act.
ii. No one shall copy, use, or cause to be used in the name of others the design registered in the name of any person pursuant to this Act without transforming the ownership or obtaining written permission pursuant to Section 21d.

S.N Agency Time Cost Required Document Condition where Patent cannot be Registered
1 Department Of Industry (DOI)

Approximately 1 to 2 year upon submission if all required documents and approval from DOI.

Total Tenure of patent protection is 15 years:

  • Design is valid for 5 years from the date of registration
  • Renewed twice at the interval of five years

1. Application – 2,000

2. Registration - 10,000

3. Renewal – 2,000

  • For the First Time- 5,000
  • For the Second Time- 10,000
  • Late Renewal- Additional 1,000
  • Application in the Prescribed Format
  • Power of Attorney
  • Document disclosing the following information:
  • (i) Measurement, map of the Design (Four copies)
    (ii) Description of claim proving novelty of Design
    (iii) Identification Details of the owner
  • Design Specimen (if possible)
  • Drawings with definitions and 3D view of the Design
  • 6. Other additional documents as the DOI may deem necessary
  • If the design hurts the prestige of any individual or institution
  • If the design adversely affects the public conduct or morality
  • If the design undermines the national interest
  • If the design has already been registered in the name of any other person

Trade Mark

According to Patent, Design and Trademark Act 2022(1965), “Trade-mark” means word, symbol, or picture or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them with the product or services of others.

S.N Agency Time Cost Required Document Condition where Patent cannot be Registered
1 Department Of Industry (DOI)

Approximately 9-16 months upon submission of all necessary documents.

In case no opposition is filed against the trademark in the 90 days period from the date of publication of the trademark in the Industrial Property Bulletin.

The tenure of Trade mark Protection is Indefinite years

Renewal to be done in the interval of 7 years

  • Application - 1,000
  • Registration - 5,000
  • Renewal - 3,500
  • Late Renewal- Additional 1000
  • Application in the Prescribed Format
  • Power of Attorney
  • Incorporation Documents (Memorandum of Association or Article of Association), in case of a company
  • Industry Registration Certificate(Essential in case of trademark relating to goods)
  • Company Registration Certificate, in case of a company
  • PAN Registration Certificate
  • Label in 8x8 cm. in 4 sets, in case of a logo/label mark
  • In case of service mark, approval from the concerned authority to carry out such service (if relevant).
  • Hurts the goodwill and reputation of any individual or institution
  • Effects on the public conduct or morality or national interest
  • Undermines the reputation of the trademark of any other person
  • Has already been registered in the name of another person or entity

Copyright

Copyright is a legal term that refers to the legal protection of intellectual property extended to those who possess the rights to an original work they created. Moral and economic rights, which are the only ones protected by law, are included in copyright. It is a system of protection that applies to both published and unpublished works, regardless of their manner of expression, as long as they are fixed in a tangible or material form. In the case of Nepal, the existing Copyright Act of 2002 grants creators/authors exclusive rights to their works.

S.N Agency Time Cost Required Document Condition where Patent cannot be Registered
1 Department Of Industry (DOI)

Approximately 5 to 12 months upon submission of required documents and approval from CRO. Copyright Registration not compulsory in Nepal

  • Life of the author+ 50 years after death (Where author is known)
  • 50 years after publication (where author is unknown or in case of institutional work)
  • 25 years in case of applied art or photographic work.
Application Fee- 100
  • Application in the Prescribed Format
  • Copyright registration Certificate if Copyright registered in foreign country (if any)
  • Two copies of the Work
  • Power of Attorney
  • Document of Incorporation of the Company (in case of a company)
  • Citizenship certificate of the creator/owner (in case of individual)
  • Agreement with designer (it should be notarized by notary public), other documents such as production, reproduction, sale distribution and rent, if any
  • The document disclosing the detail information regarding the Work (Abstract/meaning of the work).
  • Additional Information Required:
    (i) Date of Incorporation of the applicant’s company/firm
    (ii) Registration Number of Company/Firms
    (iii) Date of Completion of Work
  • Country and date where the work was published for the first time.
- A thought (without expression), religion, news, method of operation, concept, principle court judgment, administrative decisions, folksong, folktale, proverb, general data (such as the Census)