Registering of Foreign Patent in Nepal
1. Background
Registration of the Foreign Patent in Nepal is permissible for entities, including individuals, firms, and companies, whose patents are already registered in foreign countries. The Department of Industry (“DOI“) is the designated authority responsible for the registration of the patents.
2. Process of Registration of Patent:
The process of registration of the Patent are mentioned below:
1. Application for acquiring right over the Patent:
A person desirous of having any patent registered in his/her name shall submit an application in the prescribed format and fees for an application to the DOI.
2. Investigation by the DOI:
Upon the receipt of an application submitted the DOI shall conduct all investigation or study to ascertain whether the patent investigations in the application is a new invention or not, and whether it is useful to the general public or not. Also, as a matter of practice, DOI may request for the presentation regarding the proposed Patent for an applicant.
3. Registration of the Patent and publishing:
Upon investigation, DOI decide whether or not to register such patent. If the Patent is qualified for the registration, the DOI publish for the information of the public.
4. Opposition Period:
In case anyone has any objection to such published patent, one may file a complaint with the DOI within a period of 35 days from the date of publishing. In case any complaint is received, the DOI shall take necessary Action after conducting inquiries.
5. Obtaining the Certificate
If any objections are not received and the DOI found the patent application is patentable, the applicant shall obtain the certificate of the Patent. The registration fee has to be paid.
3. Term and Renewal
The title of the patentee to the patent shall be valid only for a period of 7 (seven) years from the date of registration.
The patent may be renewed not more than twice for a period of 7 years. The patent holder shall renew the patent within a period of 35 days from the date of the expiry of the term. Renewal may be made by paying a fine of NPR. 1000 (Approx. 8 USD) within six months after the expiry of the term. In case it is not so renewed registration of the patent shall automatically cancelled.
4. The Documents required for the registration of the Patent:
The following documents are required to be submitted for the registration of patent along with the application:
- Application Form;
- Notarized Power of Attorney signed by the applicant sealed and attested by two witnesses;
- Notarized Copy of specification and claims including the nature of invention;
- Notarized/Certified Copy of Filing Receipt or Application in the English Language in case of priority claims;
- Notarized/Certified Copy of Home Registration Certificate of Patent in the English Language.
5. Government and Legal Service Fee:
Government and legal service fees for the patent-related service for a single patent are as mentioned:
| S.N. | Description | Government fee (NPR) |
| 1. | Application fee Application fee with Priority claim | 2,000 2,000 |
| 2. | Amendment in the application | 500 |
| 3. | Registration fee | 10,000 |
| 4. | Transfer of ownership | 5,000 |
| 5. | Record amendment and endorsement in registration certificate | 2,000 |
| 6. | Renewal fee for the first term | 5,000 |
| 7. | Renewal fee for the second term | 7,500 |
| 8. | Search | 750 |
| 9. | Duplication of the registration certificate | 1,000 |