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The Patent, Design and Trademark Act, 1965 deals with the mechanism of Patent protection in Nepal.
Process Patent and Product Patent are the two types of Patent protection in Nepal.
In Nepal, any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability, subjects to Patentability.
The following are the types of Patent Applications in Nepal: Non-Convention Application Convention Application Divisional Application Patent of Addition
The Patent of invention lasts for 20 years in Nepal.
The following information and documents are required to file the Patent application in Nepal: Power of Attorney Priority Document with required translation The applicant’s name and address and nationality Provisional specification or complete specification with description, claims, abstract and drawings. Incorporate Certificate, with required translation Home/Foreign Registration Certificate, with required translation
The time frame for examination is 12-25 months approximately from the date of application.
Post-grant publication could be made within 1 month approximately from the date of acceptance.
In Nepal, an opposition against a Patent application can be raised at the post-grant stage any time after grant.
The following are the permissible amendments: Any addition to cover improvements or amendments to the invention of an earlier patent, varying the scope of invention. Substantial amendments to claims. Substantial amendments to descriptions.
The Annuities can be made any time before the due date.
In Nepal, The Patent, Design and Trademark Act corresponds to the applicability of enforcement for a Patent.
The documents required are as follows:
1. CHANGE OF NAME/LEGAL FORM/ADDRESS Certified copy of extract from the Registrar of Companies with required translation Power of Attorney.
2. ASSIGNMENT:Deed of Assignment Power of Attorney.
3. MERGER: Deed of Merger Power of Attorney.
4. LICENSE: License Agreement Power of Attorney.
In Nepal, it takes around 4-5 years approximately for a Patent to be granted.