PATENT REGISTRATION

What is a patent?

A patent is an exclusive right for an invention, which could be a product, or a process, that can be sold, imported, or used under a specific registration, by the creator, by excluding others from doing the same.

Why should you get a patent registered?

Creating an invention, bringing your ideas to reality, and giving them a form is a big deal for anyone. Your creation could be helpful and life-changing for several people. But of course, if you’ve spent hours, days, and nights working on it, then wouldn’t you want it to be registered under your name and keep it safe from rivals or competitors? You definitely would! When you don’t have a patent registered for your innovation and publicize it, anyone can steal its credits from you and certify ownership over it, and you’ll lose your rights to it. This is why a patent registration needs to be registered under your name for your hard work and registration. A patent registration can be of different types, and you’ll need to determine which one your invention demands.

Types of patents

There are three different kinds of patent registration in Pakistan. The type of patent you will register for your work will depend on your invention and which category it fits into. It is important to understand which kind of patent you’ll need to register to avoid loss of money or confusion. For this case, a law firm should be involved to guide you through the way so you can stay well-focused on the registration without any messes. Wish Law Services can be the law firm that helps you navigate through the process. You can email us now for further information at info@wishlaw.com. The three patent registrations are:

Utility patent

A utility patent is for an invention that protects the way an article is used or works. It prohibits individuals or companies from making, selling, or using the same creation without the permission of the original owner. It could include software programs, machines, etc.

Design patent

A design patent is for a design invention. It protects the way an article looks like. A design patent allows the inventor to protect the original shape or surface decoration of her/his fabricated design, such as an industrial design, ornamental design, computer icons, etc.

Plant patent

A plant patent is unique, as it is for newly invented plants. Not actually just newly invented plants, but also a newly invented method of plant growth. These plants are reproduced in several other ways than seeds, such as by formulating, sprouting, or inarching methods.

Can you obtain a patent registration?

A patent can only be registered if it meets some specific requirements. For patent registration, your invention should be:

  • New
  • Capable of being used, such as for industrial application
  • Not be a modification of a similar invention that already exists

These are the basic requirements to obtain a patent registration for your invention, however, certain things cannot be patented, such as:

  • Literary, theatrical, artistic, or musical works.
  • A form of doing business, thinking, or playing a game.
  • A process of diagnosis or medical treatment.
  • A discovery relating to science, such as a theory, hypothesis, or mathematical method.
  • A new way in which information is delivered.
  • Certain computer programs or mobile apps that are only a modification of or similar to existing ones.
  • Cross-breeding plants and plant or animal varieties that are called “essentially biological” processes. 

These things are either not “new” or something that cannot be patented because they are so universal. 

The procedure for a patent registration:

Step one: Conducting research

Before applying for a patent, you need to conduct a patent search by filing Form P-27. After submitting the fee to the Intellectual Property Organization, you can check for any possible competitive patents or see whether your creation is new compared to the previous art. After completing a comprehensive patent search and compiling a patent report, your invention may be considered.

Step two: Preparing documents for patent registration

Various documents need to be submitted to register your patent. This includes documents with complete details of your invention, such as the title, description, summaries, drawings, etc.

Step three: Filling application for patent registration

Fill out application form P-1 with your and your creation’s basic information in English. There are other applications available if the conditions are different, like if an organization or multiple inventors are involved.

Step four: Examination

After you have submitted your application, the IPO will determine whether the requirements of the patent’s law have been met and decide whether your patent can be registered.

Step five: Publication of the application

If your application is accepted, it will be open to public inspection, and anyone who thinks your invention resembles another’s can object. Within thirty days, the applicant will need to send a copy of her documents with complete specifications as ‘accepted’ to the institutions cited in the Fourth Schedule of the Rules.

Step six: Responding to an opposition (if required)

Within four months of the acceptance, any person can oppose your invention. When such a situation occurs, the IPO will send you that notice of opposition. Both the opposer and applicant are called to court and the controller decides the patent’s fate.

Step seven: Acquiring the patent

The applicant will make a request with Form P-10 with the IPO and submit the required fee for the grant of a patent. The patent will be sealed with the seal of the Patent Office along with the date and granted to the applicant.

This process is very lengthy and may take several months to proceed and requires an experienced IP lawyer to aid you to ensure all the lawful practices go smoothly and your patent is able to be registered as soon as possible. Our lawyers will conduct the research for you, help you with your documents, fill out your application, and if there’s an opposition, etc. Wish Law Services is one of the best IP law firms in Pakistan. So call us now to get your patent registration now, at +92 334 0245951.