Patents of Invention
– Patent, Design and Trademark Act, No. 15, August 1965, amended 1987 and 2006.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), since February 4, 1997.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 22, 2001.
– WTO’s TRIPS Agreement, since April 23, 2004.
Definition: "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 is made on the basis of a new theory or formula.
Applicant: the inventor, owner or assignee(s).
Protection: subject to filing of application before the invention has been used or known in Nepal.
Priority: no foreign priority under any Convention can be claimed.
Examination: as to novelty and utility.
Delivery of document: the patent certificate is issued in paper format after payment of the registration fee.
Duration – extension: seven years from the date of first registration and renewable for two subsequent periods of seven years. The total period of protection is twenty-one years. Grace period: thirty-five days for a missing term. In addition, another six months is allowable with a nominal late fee.
Annuities: are due each year from the date of grant.
Working: not provided for.
Assignment: possible by deed of assignment.
Disputes, violations, infringements: to be settled through adjudication before the registering authority (Department of Industries) with an option to the aggrieved party to file an appeal before a competent court of law (the High Court).
Filing requirements for an application (to be sent to local agent):
1. Application duly signed by the applicant, sealed and witnessed by two persons, no need to legalize or notarize;
2. Power of attorney in favor of a resident agent/representative duly signed, sealed and witnessed by two persons, notarized;
3. Specification, drawings, etc., describing the nature of the invention, in duplicate (in English), notarized;
4. Certificate of home or foreign registration along with translations thereof in English duly authenticated by a Notary Public or a Nepalese diplomatic mission (if any), or any other legally authorized institution.
Electronic filing: not available.
Electronic signatures: not accepted.
For a change of name or address:
1. Power of attorney, notarized;
2. Change of name or address document in English, notarized;
3. Original certificate of registration.