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Pakistan

Patent Law Pakistan:

Pakistan is member of Paris Convention, and priority claim is allowed in respect of Patent Application filed in Paris Convention member countries or in any of the member country of the WTO. The conventional Application must be filed in Pakistan within twelve months of the priority application. A certified copy of the application, on which the priority is based, is required to be filed at the time of filing the Pakistan application or within three months thereafter. Where the priority application is in language other than English a certified verification of English translation of the priority document must be supplied along with English Translation. Pakistan is not a contracting country of PCT and therefore PCT national phase patent application cannot be filed in Pakistan.

Where application for a patent is filed his assignee or successor -in –interest of the true and first inventor. The inventor or inventors must endorse the application in the presence of two witnesses. The specification must be on a A4 sized paper with margin of at least 2cm on top, right and bottom and 2.5cm on the left side of the paper. Drawings must be filed on smooth/ durable white A4 paper size having a margin of at least 2.5cm on the top and left side, 1.5cm on the right side and 1 cm at the bottom of the paper.  The Official fee for Patent includes up to one priority, up to 40 pages of specification and up to 20 claims. Under the Patents Ordinance, 2000, the term of a registered patent has been extended from 16 years to 20 years. The renewal fee is payable in respect of 5th year from the accorded filing date.

Patent filing requirements in Pakistan

  1. Name, nationality and full address of the Applicant(s) and  Inventor(s)
  2. Specification in English on a A4 sized paper with margin of at least 2cm on top, right and bottom and 2.5cm on the left side of the paper;
  3. Drawings, if any on a smooth/ durable white A4 paper size having a margin of at least 2.5cm on the top and left side, 1.5cm on the right side and 1 cm at the bottom of the paper;
  4. Power of Authority in favour of Attorney;

 

Where a conventional priority is claimed details of conventional priority including Application no., country and date of filing must be provided at the time of filing of Application and certified copy of priority application must be filed at the time of filing the Pakistan application or within three months thereafter. Where the priority application is in language other than English, a certified verification of English translation of the priority document must be supplied along with.

Patent Grant Procedure in Pakistan

  1. Filing of Patent Application and completion of procedural formalities  
  2. Examination and issuance of Examination report;
  3. Responding to Examination report;
  4. Acceptance of Patent Application;
  5. Publication in Official Gazette;
  6. Sealing if no opposition within 4 months of publication and on payment of sealing fee;
  7. Grant of Patent; and

 

TRADEMARKS LAW Pakistan:  

Pakistan is currently following two laws, the Trademarks Act of 1940 in respect of Applications filed before April 12, 2004, and the new Trademarks Ordinance of 2001 for Trademark Application filed on and after April 12, 2004. Pakistan is member of Paris Convention therefore filing conventional Trademark Application is possible in Pakistan but Pakistan is not a member to Madrid, therefore for securing a Trademark in Pakistan it is necessary to file an Application locally before Pakistani Trademark Registry. Pakistan follows the International Classification of Goods and Services under the Nice Agreement (Ninth Edition) and it is possible to Register Service marks in Pakistan. Multi class filing system is not allowed in Pakistan. Under the Trademarks Act of 1940 the initial registration of the trademark in respect of Trademark applications filed prior to April 12, 2004 was valid for a period of 7 years which was further renewable for successive period of 15 years thereafter.  But under new Trademarks Ordinance of 2001 The trademarks registration in respect of Applications filed after April 12, 2004 is valid for 10 years and  can be successively registered for each term of ten (10) years thereafter.

Trademark filing requirements in Pakistan:

(i) Specimen of Trademark
(ii) Full Name, Address, Status and Nationality of the applicant(s)

(iii) International Class

(iv) Description of goods or service for which the mark is to be registered.
(v) User date in Pakistan (if any)

(vi) Description of Applicant whether Trader, Manufacturer, Merchant or Service Provider

Where a conventional priority is claimed, the conventional priority details including Application no.; country and date of filing must be supplied at the time of filing of Conventional Application in Pakistan. The Certified copy of priority document must be supplied within 3 months of filing of conventional Application in Pakistan.  Where the mark is in language other than English, English translation/ transliteration of mark  must be supplied. The Power of Attorney executed in presence of two witnesses must be supplied,  notarisation or legalisation not required

Trademark Registration process in Pakistan

  1. Filing of Trademark Application
  2. Examination of Application
  3. Issuance of Examination report, if there are any preliminary objections
  4. Reply to examination report, if any
  5. Hearing (if Registrar is not satisfied with response)
  6. Acceptance of Application (if no preliminary objections or if reply is found satisfactory or if Registrar is convinced with submissions made during hearing)
  7. Publication of Trademark Application in the monthly Trade Marks Journal
  8. Opposition within 2 months of publication
  9. Issuance of Registration Certificate

 

INDUSTRIAL DESIGN LAW PAKISTAN:

Pakistan is member of Paris convention, therefore it is possible to file industrial design application in Pakistan while claiming conventional priority. The conventional design Application must be made within six months of first making application in the convention country. The design registration is initially valid for 10 years and can be further renewed for one term of 10 years. Thereby making total term of valid design registration to be 20 years in Pakistan.

Design filing requirements in Pakistan:

(a)   Name, address and nationality of the Applicant (s)
(b)  Title of the Article

(c)   Various views of the Article (front, back top, side, bottom, including perspective views);

Where a conventional priority is claimed, the conventional priority details including Application no.; country and date of filing must be supplied at the time of filing of Conventional Design Application in Pakistan. The Certified copy of priority document must be supplied within 3 months of filing of conventional design Application in Pakistan. The Power of Attorney executed in presence of two witnesses must be supplied.