Industrial Property in Nepal | Patent, Design and Trademark

The Patent, Design and Trademark act has authorized the Department of Industry to protect the industrial property like patent, design and trademark. 

Patents shall include new invention; principles and formulae; design shall include physical shape and appearance whereas trademark shall include the word, sign, picture or all three or combination between them to differentiate the product from the others.

The Department of Industry shall act as semi-judiciary unit in case of protection of industrial property as well as in the settlement of disputes and other administrative procedure.

 

PATENT means any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula.

RIGHT OVER THE PATENT 

• Any person, willing to have rights on any patent, has to register such patent under the Patent Design and Trademark Act. 

• Any patent registered in the name of any person shall not be copied use used or utilized without the patentee's written consent . 

• Ownership of a patent can be transferred in any way to any person as movable property. 

• If any body does or attempt to do so or encourage to do any work against these rights of patentee may be punished with a fine by the order of Department and all the materials related with such offence shall be confiscated.  

 

DESIGN means any design, form or shape of materials made through the preparation by any method. 

RIGHT ON DESIGN 

• Any body may have a right on a design of any goods under the act, which is made or caused to be made by him, and has been registered in Department. 

• Owner ship of a design can be transfer. 

• No body shall make any goods by using other’s design or in a way to manipulate the people in general and copying such design without written consent of the person in whose name design is registered. 

 

TRADEMARK means any word, symbol or picture or the combination of the three used for showing difference from goods or service of others to the goods produced by any firm, company or individual or the service provided by it. 

RIGHT ON TRADEMARK 

• Any body may have a right on any trademark of his trade or business under the act having it registered in the Department. 

• Nobody shall use or copy any trademark in a way of manipulating the people in general without a written consent of person in whose name the trademark is registered. 

• Ownership of a trademark can be transferred to other with a permission of the department. 

   

  FEE STRUCTURE OF PATENT, DESIGN AND TRADEMARK IN NEPAL

  Particular	Patent	Design	Trademarks
  Application	2,000	1,000	1,000
  Application amendment	500	500	500
  Registration	10,000	7,000	5,000
  Transfer of ownership	5,000	3,000	2,000
  Changes in records	2,000	1,000	1,000
  Search of registration	750	750	500
  Complain and opposition	1,000	1,000	1,000
  Copy of the registration certificate	1,000	1,000	2,000
  Renewal of Patent & Design:
  For 1st term	5,000	1,000	NA
  For 2nd term	7,500	2,000	NA
  Renewal of trademark per year	NA	NA	500