Patents’ Registration in Pakistan

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], Web accessed 12th April, 2019. [2] Sections 7, 8 & 9 Patents Ordinance, 2000.