1. What Can Be Protected by a Patent?
Section 2(a) of the Act defines a patent by reference to a useful invention involving a new method relating to the manufacture, operation or transmission of a material or combination of materials, or an invention based on a new theory or formula.
Under Section 5 of the Act, the Department examines whether the invention is new and useful to the public. A commercial idea should therefore be developed into a clear technical explanation of the invention and how it works.
2. Who Can Apply?
The inventor may apply for registration. A person who has acquired the relevant rights from the inventor may also apply, provided the acquisition of those rights is supported by evidence.
Before filing, businesses should establish ownership clearly, particularly where employees, consultants or multiple inventors contributed to development. An agreement commissioning an invention should address ownership and cooperation in the registration process.
3. Application and Required Documents
An application must be submitted to the Department of Industry in the prescribed form under Section 4 of the Act. It must identify the inventor, explain the applicant’s entitlement where different from the inventor, and describe how the invention is manufactured, operated or used, including any underlying theory or formula.
The Department’s published checklist calls for:
- A patent specification, including an abstract and technical description;
- Details of the protection claimed;
- Necessary drawings or diagrams;
- Evidence of rights obtained from the inventor, where applicable;
- Authorisation and identification documents where a representative is appointed; and
- Evidence of payment of the application fee.
The specification should explain the invention consistently with the drawings and claims. Broad promotional descriptions are unlikely to communicate the technical subject matter adequately.
4. Examination and Registration
The Department investigates the application and may seek expert advice. If the requirements are met, registration proceeds under Section 7 of the Act, following payment of the registration fee.
Under Section 6 of the Act, registration must be refused where:
- The patent is already registered in another person’s name;
- The applicant neither invented it nor acquired rights from the inventor;
- The invention would adversely affect public health, conduct, morality or national interest; or
- Registration would contravene prevailing Nepalese law.
Applicants should respond carefully to requests for clarification and retain copies of every submission. Filing an application should not be presented commercially as equivalent to obtaining registration.
5. Publication and Objections
Section 7A of the Act provides for publication of registered patents in the Nepal Gazette, except those requiring secrecy in the national interest.
It also permits inspection or copies of the published patent particulars, drawings or diagrams upon payment of the prescribed fee. A person wishing to oppose the patent may complain to the Department within 35 days of inspecting or obtaining the copy. This statutory trigger differs from a deadline calculated simply from publication.
6. Duration and Renewal
Under Section 8 of the Act, patent rights ordinarily last seven years from registration. Section 23B of the Act permits two further renewals of seven years each, allowing a total protection period of 21 years, subject to renewal and continued validity.
The ordinary renewal period is 35 days after expiry. A further six-month late-renewal period is available after that deadline, subject to the statutory fine. Failure to renew within the permitted period results in automatic cancellation.
Maintain a renewal calendar and keep ownership and correspondence details current.
7. Foreign Patents and Commercial Use
A foreign patent does not automatically establish patent rights in Nepal. Sections 21B and 21C of the Act address local registration of foreign patents and recognition of priority under the Paris Convention.
Foreign applicants should prepare the foreign registration certificate and relevant priority documents. The Department’s checklist expressly identifies these documents for foreign applications.
Registered owners considering a sale or licence should also review Section 21D of the Act, which provides for a joint application to the Department for transfer or permission to use.
Frequently Asked Questions
Does company registration protect an invention?
No. Company incorporation and patent registration serve different purposes. Patent protection requires the applicable registration process.
Can a company apply if an individual developed the invention?
Yes, where the company has acquired the relevant rights and can demonstrate its entitlement. Ownership documents should be reviewed before filing.
What are the government application and registration fees?
The Department’s published citizen charter lists NPR 2,000 for the application and NPR 10,000 for registration. These exclude professional fees and other applicable charges.
How long does registration take?
The Act provides for substantive examination. The time required depends on the application, technical review and any clarification requested; a fixed completion date should not be assumed.
Should an invention be disclosed before filing?
Obtain advice before public demonstrations, publication or unrestricted disclosure. Assessing filing strategy early helps manage novelty and confidentiality concerns.
Can a patent be renewed indefinitely?
No. The Act permits two seven-year renewals following the initial seven-year term.
How Alpha Law Associates Can Assist
Alpha Law Associates assists inventors and businesses with ownership review, patent applications, coordination of technical documentation, foreign patent registration, renewals and licensing arrangements. We also advise on objections and disputes concerning registered rights.