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Patent law in Rawalpindi, as in the rest of Pakistan, is governed by the Patents Ordinance, 2000 and the Patents Rules, 2003. These laws provide the framework for the filing, examination, grant, and enforcement of patents in Pakistan. Patents are granted to inventors who come up with new and useful inventions, including processes, machines, manufactures, and compositions of matter. A granted patent gives the inventor the exclusive right to prevent others from making, using, selling, or importing the patented invention in Pakistan for a specified period, typically 20 years from the filing date.
You may require legal help in patent affairs for several reasons, such as drafting and filing a patent application, ensuring that your invention is novel and not infringing on others' patents, or dealing with disputes involving infringement or intellectual property rights. A lawyer specializing in patent law can also assist with international patent applications, patent portfolio management, and can give advice on patent licensing and commercialization.
The key aspects of local patent laws in Rawalpindi and Pakistan include:
An invention is patentable if it is new, involves an inventive step, and is capable of industrial application. It must not be explicitly excluded under the law such as scientific theories, mathematical methods, or business methods.
Patent searches can be performed at the intellectual property office or using their online database to check the novelty of your invention against existing patents and applications.
To file a patent application, you must submit the required documents, including a complete specification and claims of the invention, to the Pakistan Patent Office. It is advisable to seek a lawyer's help for correct and complete submission.
The time for obtaining a patent varies with each case, but it typically takes a few years from filing the application to the grant of the patent. Delays can occur during the application and examination processes.
Pakistan does not automatically recognize international patents. However, inventors can file a corresponding application in Pakistan based on an international or foreign patent application under the Paris Convention or the Patent Cooperation Treaty (PCT).
If someone infringes on your patent, you can take legal action against them in a court of law. The court may order an injunction to prevent further infringement and award damages for the infringement that has already occurred.
Yes, you can license your patent to others, allowing them to make use of the invention according to agreed terms and conditions. A patent lawyer can help in drafting these licensing agreements.
The costs associated with filing a patent application include official fees for filing, examination, and grant, as well as professional fees if you hire a patent attorney to prepare and file your application.
To increase the likelihood of a successful patent application, ensure your invention is novel, keep it confidential before filing, file your application as soon as possible, and consider getting professional legal assistance.
In Pakistan, software per se is not patentable. However, if a software-related invention solves a technical problem in a novel and non-obvious manner, it may be considered for patent protection as part of a hardware-software combination.
Resources related to patent law in Rawalpindi and Pakistan include the Intellectual Property Organization of Pakistan (IPO-Pakistan) which is the main governmental body dealing with patents. Other useful resources may include the Pakistan Bar Council and local legal aid organizations that specialize in intellectual property law.
If you need legal assistance with patent-related matters in Rawalpindi, the following steps are recommended:
