Barrister Ahmad Farooq Malik, Partner AFMalik Law.
Patents
‘A patent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent. A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit.’ [1]
Any invention is patentable, if it meets the following 3 requirements[2]:
- Is new/novel and does not form part of the state of the art;
- Involves an inventive step; and
- Is capable of industrial application.
In Pakistan, patents are applied mainly for products and processes for medicines/pharmaceuticals, industrial machines, electronics.
See : In Earth Factor (Pvt) Ltd and 2 others v. Patent Office, IPO Pakistan through Controller and others [2014 CLD 897]
[1] http://www.ipo.gov.pk/patent_faqs, Web accessed 12th April, 2019.
[2] Sections 7, 8 & 9 Patents Ordinance, 2000.
