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:
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1. Application – 2,000 2. Registration - 10,000 3. Renewal – 2,000
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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:
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1. Application – 2,000 2. Registration - 10,000 3. Renewal – 2,000
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(ii) Description of claim proving novelty of Design (iii) Identification Details of the owner |
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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 |
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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
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Application Fee- 100 |
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 |
- A thought (without expression), religion, news, method of operation, concept, principle court judgment, administrative decisions, folksong, folktale, proverb, general data (such as the Census) |