Protection of Patent:

First to file system (not first to invent) of patent has been adopted in Nepal, we humbly request to our associates and clients not to make the invention public before filing a patent application.

Time frame for filing to registration of Patent:

Normally six months to one and a half years.

Claiming priority under Paris Convention:

Yes

Registration Procedure:

Upon receipt of application, DOI shall conduct formality examination. A formality examination will be made to determine whether the application fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing. Upon completion of formality examination, DOI shall conduct substantive examination. Substantive examination will be carried out by the examiners, who will decide whether or not the claimed invention should be patented. It will be thoroughly checked whether:

1. The claimed invention is patentable subject matter or not.
2. The claimed invention is novel, an invention is new if it is not anticipated by the prior art.
3. It can be applied for practical purposes for its utility or the industrial applicability.
4. The existence of inventive step or not, there must be a clearly identifiable difference between the state of the art and claimed invention.
5. The invention is sufficiently disclosed in the application or not. The application must disclose the invention in a manner sufficiently clear for the invention to be carried out by a person skilled in the art.

Registration Duration:

7 years from registration date.

Renewal Duration:

7 years and can be renew in two times only. Registrant of patent shall enjoy his/her exclusive right over patent is 21 years, then after such patent falls under public domain.

Renewal Application:

Within 35 days from the date of expiry

Grace period for Renewal:

Within Six months after the expiry of the time-limit for renewal

Re- Registration of Patent:

Generally, it is not possible to re-registration of patent.

Filing requirements For Patent registration in Nepal

1. Notarized/certified copy of Filing Receipt or application in English language in case of Priority Claim application. OR, Notarized/certified copy of Home Registration Certificate of patent in English language. {In case of priority claim application, we can submit it upon receipt or available}
2. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
3. Five sets of notarized copy of specification and claims, drawings including the nature of invention in the English Language

For renewal of patent in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
2. Original Nepalese Registration Certificate for endorse.

For Assignment of patent in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
2. A certified/ notarized copy of Deed of assignment, along with its authenticated translation in English version certified by Notary Public.
3. Original Nepalese Registration Certificate for endorse.

For Change of Name/Address of Patent application/Registration in Nepal

1. Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.
2. A certified/ notarized copy of change of Name/Address certificate of Home Country, along with its authenticated translation in English version certified by Notary Public.
3. Original Nepalese Registration Certificate for endorse.

For to obtain Duplicate copy of Registration Certificate of Patent in Nepal

• Notarized Application and power of Attorney, duly signed, sealed and countersigned by two witnesses of the applicant company.