How to File a Patent Application in Pakistan?

Author:
Lyeba Khan
|
Publish Date:
March 23, 2020

When you come up with an invention which you are very proud of, one thing you might fear is other stealing it and hence, losing your competitive advantage. Your invention can be a product or a process in any field of technology and may include any new and useful improvement. In this regard, it’s quite important to know that there is a way to protect your innovation and that’s by getting a patent which is a ‘set of exclusive rights granted to you by the government for the time of 20 years in exchange for detailed public disclosure of your invention’. Getting a patent will get you the right to prevent third parties from making, using or selling the invention without your consent. This way you can ward off your competitors from stealing or exploiting your invention.


Have you invented something brilliant and unique?

Are you afraid that your invention will get stolen?

Are you looking for someone to help you secure them?

But you’re tired of running around government offices?

And you’re confused about where to start and how to file applications for patents?


Frequently Asked Questions on Patent Filing and Applications


If you check all the above boxes, then firstly, Congratulations for being a founder of an inventive and unique product/idea. Secondly, Don’t Worry because you’re at the right place to get all your knots untangled and have your problems solved.

This article will set out step by step guide to help you with the process of filing a patent according to the legal requirements of Patent Office of Pakistan which is a part of Intellectual Property Organization of Pakistan which deals with protecting and promoting your innovation and creativity through its integrated and efficient intellectual property management system. One thing to make sure is that you do not disclose your invention to the public in any oral or written form before filing the application.


What is an Intellectual Property?


Step 1: Write a Patent specification

The first step in filing Patent application is to prepare a patent specification in which you need to set out in a clear and detailed manner, the terms by which you and others will be bound. Your patent specification, whether provisional or complete, shall begin with a title, and be signed and dated at the end by the inventor [you] or your Patent agent.

Format:

For any official document, especially the ones that involve legality, format and content is crucial. The type of language you use, the titles and definitions explained, and the details listed, all have to be carefully worded and properly presented.

The following format guidelines may seem very basic but they are very crucial to your application process.

  • Language: English [compulsory]
  • Line spacing: 1.5
  • Page size: A4
  • Page margins: minimum 2 cm from top, bottom, and right side.
  • Only use one side of the sheet.

Structure/Content:

Your patent specification must include the following information content:

  1. Title of invention: Subject matter of the invention.
  2. Abstract: All the important technical aspects of your invention (2 pages).
  3. Field of the invention: To what area of technology your invention belongs to?
  4. Background of the invention: Why is the invention necessary or useful, and what is it developed out of?
  5. Detailed Description: Describe in detail the exact components, systems, methods, etc. that make your invention work in a way that a person skilled-in-the-art can understand and reproduce it.
  6. Claims: Precise legal statements in the form of single sentence that distinctly claim the subject matter which is regarded as the invention.
  7. Drawings: Add drawings especially if they are necessary to understand the subject matter to be patented.

The one stop shop for YOUR legal and IP solutions? 


Provisional Patent Specification:

To establish a filing date for your in-process invention, one fast and inexpensive way is to file a provisional specification first and then submit your complete specification within 12 months of submitting the provisional specification. Provisional specification is not examined in the Patent Office so you may skip claims and drawing and add them later in your complete specification.

Step 2: Filling the form

You must fill the following forms for filing your patent application.

  1. Request for a patent is initiated by filling out ‘Form P-1’ (For Non convention application) or ‘Form P-2’ (For Convention Application[1]). You need to provide 2 copies of this form along with 2 copies of Patent Specifications.

  1. In case if the true and first inventor is not filing the application and it is being filed by assignee or company/organization then Form P-1A must be filled for non-convention application and Form P-2A should be filled for convention application for patent.
  2. Complete specifications must be filled out on ‘Form P-3A’ and provisional specifications have to be filled out using ‘Form P-3’. 2 copies shall be provided of each Form.

  1. If applicant is a student or an employee of institution like University, Research institutes and organizations, a 1 copy of NOC should also be produced.
  2. 2 copies of Form P-28 for authorization of patent Attorney/Agent shall also accompany Form P1 or P2.
  3. In case of any amendment of pending specification / accepted specification, Form P-16 shall be filled.

The Forms must also accompany 1 original and 1 copy of Demand draft or Pay order, 1 copy of Priority document (for convention application) and 2 copies of drawing (if any).


[[1] Convention application means an application made in Pakistan within twelve months after the date of an application made in a Convention country.]


Some incentives for YOU!

  • You can get technical advice on facilitation of patent filing from Center for Innovation and Entrepreneurship (CIE) NUST and Pakistan Science Foundation (PSF), Islamabad
  • Higher Education Commission is also facilitating patent filers by providing free evaluation of patent-ability of your invention along with payment of patent application and patent attorney’s fee. You can apply in their Patent Support Program.
  • Pakistan Council of Scientific and Industrial Research (PCSIR) is also providing full payment of fee of 100 local application filings and 05 foreign application filings along with free legal consultancy.

Step 3: Pay the filling fees

The following filing fees must be paid in the form of pay order or demand draft from scheduled bank in favour of Director General, IPO Pakistan. This fee is non-refundable.

The following charges are applicable:

  • In case of complete specification its PKR. 6750/-
  • In case of provisional specification its PKR. 2025/-.
  • For each additional page of specification beyond 40 pages, PKR. 90/-
  • For each additional claim beyond 20 claims, PKR. 225/
  • For amendment of pending specification / accepted specification, fees is PKR. 2250/-
  • Fees for request for sealing the patent is PKR. 6750/

Step 4: Send the application

You must mail or hand deliver your Patent application on any of the following addresses:

  • Controller of Patents, the Patent Office, Plot # ST 1 & 2, New Broadcasting House (Ground Floor), Behind KDA Civic Center, Block -14, Gulshan-e-Iqbal, Karachi.
  • Basement of Lahore Chamber of Commerce Building 11-Shahrah-e-Aiwan-e-Sanat-o-Tijarat (Near China Chowk), Lahore, Pakistan.
  • IPO HQs, 3rd Floor NTC building, sector G-5/2, Islamabad, Pakistan.

For facilitation, you can now file your patent application in IPO-HQs, Islamabad and Regional Office, Lahore but further correspondence will be carried out by the Patent Office, Karachi.

 Getting the patent

After receiving your application, it would be examined by Patent examiner who will study the application for its compliance with the requirements of patent statute and will search through National and International Databases to see if your invention is new and useful. If there is any objection or deficiency related to your invention or your application, the patent examiner will send you an Examination Report informing you of it. You then have the opportunity to respond and to remedy deficiencies. When all the requirements are met, the patent application is accepted and is advertised in the Patent e-Journal/ official Gazette Part V. At the end of all this, patent is granted which is followed by sealing the patent.

Disclaimer

Information presented in this article has been taken from official sources and is being presented to the readers on as-is basis. Startup.pk cannot be held responsible if some facts and figures change at a later point in time.

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One response to “How to File a Patent Application in Pakistan?”

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