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In Bhaktapur, Nepal, the patent law is governed at a national level. The national agency, Department of Industry under the Ministry of Industry, Commerce and Supplies is responsible for patent registration and protection. In Nepal, a patent is offered protection for a period of 20 years from the date of application. The law governing patent rights in Nepal is the Patent, Design and Trademark Act 2022 (1965).
There can be several situations where you may require a patent lawyer. Applying for a patent involves a complex legal process which includes the preparation of patent description, claims, and drawings. An attorney can help prepare a patent application that meets local and international standards. Furthermore, if any dispute arises concerning patent infringement or patent rights, a skilled lawyer can guide you through the litigation process, negotiation or settlement.
The local laws of Bhaktapur adhere to the national laws regarding patents. It mandates that inventions be new, non-obvious, and have industrial applicability to qualify for a patent. Importantly, subject matters such as discoveries, scientific theories, mathematical methods, and plants or animals other than micro-organisms are not considered patentable. Additionally, patent rights are generally awarded on a first-to-file basis rather than a first-to-invent basis in Nepal.
An invention needs to be new, non-obvious and usable in the industry. Additionally, it should never have been previously published or used in Nepal or any other country.
In Nepal, a patent protects your invention for 20 years from the date of application.
Yes, foreigners can apply for a patent in Nepal but they are required to address the patent application through a registered patent attorney in Nepal.
If someone infringes your patent, you can seek judicial redress. You may be awarded an injunction to stop the infringer or get compensation for any damage caused by the infringement.
You can challenge a patent by filing an opposition within 6 months from the date of the publication of the grant. The grounds of opposition should be based on the patent's lack of novelty, non-obviousness, or industrial applicability.
The Department of Industry’s official website can be a comprehensive resource for patent laws and application procedures. The Nepal Intellectual Property Rights Association provides advisory services and holds workshops and seminars on IP rights. In addition, the World Intellectual Property Organization (WIPO) offers an extensive range of resources for understanding international patent laws.
If you require legal assistance regarding patents, the first step is to find a registered patent attorney in Nepal. They can guide you through the application process or represent you in case of any dispute. Keep in mind to always have confidential agreements in place before disclosing your invention to anyone. Lastly, monitor your invention regularly even after being awarded the patent to ensure there is no infringement of your rights.
