Patents in Nepal

Nepal has ratified the Paris Convention in 2001 and therefore it is possible to file a patent application claiming convention priority in Nepal. The Conventional Application must be made within 12 months from the date of earliest priority

 Patent filing requirements in Nepal
1. An application form executed in presence of two witnesses. (can be submitted later on)

2. A power of attorney executed in presence of two witnesses.(can be submitted later on)
3. Notarized copy of complete specification including claims (in English).
4. Notarized/certified copy of Filing Receipt or application in English language in case of Priority Claim
5. Notarized/certified copy of Home Registration Certificate of patent in English language

 Various Stages of Patent prosecution in Nepal are as follows:

1. Filing of Application
2. Formal Examination to determine whether the application fulfills the necessary procedural and formal requirements
3. Invitation for correcting where necessary documents are missing or required correction.
4. Substantive examination to check whether invention is novel, involves inventive step and has industrial applicability and other requirements under Nepal’s Patent Law
5. Notification as to reasons for refusal, if invention fail to meet substantive requirements
6. Response to notification of refusal
7. Acceptance of Application
8. Payment of Registration fee
9. Issuance of Certificate of Patent

 Publication of Registered Patent

The Registered Patent shall be published unless the invention is deemed fit to be kept secret for national interest. Upon Publication, anyone can obtain copy of the Patent Document on payment of prescribed fee.

 Complaint/ Opposition to a Registered Patent

Any Complaint/ Opposition to a Registered Patent can be made within thirty five (35) days from date on which the Registered Patent is seen or a copy of such Patent document is obtained.   

Term And Renewal of Patent in Nepal

The Term of Patent is seven (7) years and is further renewable for two terms of seven (7) years each. Therefore Nepal allows Patent term for 21 years.

Trademarks in Nepal:

Nepal is a member of the Paris Convention for the protection of Industrial Property since 2001, therefore it is possible to file conventional Trademark Application in Nepal. The conventional Trademark Application must be filed within 6 months of filing application in conventional country. Nepal follows the International Classification of Goods and Services under the Nice Agreement (Ninth Edition) and it is possible to Register Service marks also in Nepal. The Trademark Application can be filed in all 45 classes in Nepal.

Nepal is not a member to Madrid, therefore for securing a Trademark in Nepal it is necessary to file an Application locally before Nepali Trademark Registry.  Multi class filing system is not allowed in Nepal.

Trademark filing requirements in Nepal:

(i) Application executed in presence of two witnesses (can be submitted later on)

(ii) Trademark
(iii) Full Name, Address, Status and Nationality of the applicant(s)

(vi) International Class

(v) Description of goods or service for which the mark is to be registered.
(vi) The date of use of the Trademark in Nepal (if any)

(vii) Translation/ Transliteration of mark, if in language other than English (duly notarised)

(viii) Priority details (if any) including Application no.; country and date of filing, certified copy of priority document to be filed within 2 months

(ix) Duly executed Power of Attorney (executed in presence of two witnesses) (can be submitted later on)

Trademark Registration in Nepal

Following stages are encountered while registering a Trademark in Nepal:

1. Filing of Application
2. Examination of Application
3. Issuance of Examination report, if there are any preliminary objections
4. Reply to examination report
5. Hearing (if Registrar is not satisfied with response)
6. Acceptance of Application (if reply is found satisfactory or if Registrar is convinced during hearing)
7. Publication of Trademark Application in the monthly Trade Marks Journal
8. Opposition within 90 days of publication
9. Issuance of Registration Certificate, where no opposition is preferred or after opposition is favourably decided

Term of Trademark Registration:

The term of registration is 7 (seven)  years and can be successively registered for each term of 7 (seven) years thereafter.

INDUSTRIAL DESIGN IN NEPAL:

It is possible to claim conventional priority in Nepal for Industrial design Applications. The Application must be made within six months of first making application in conventional country. The Design must be absolute novel and original and must not have been published anywhere in the world before its priority date/ filing date (whichever earlier)

Industrial Design filing requirements in Nepal:

(a)  Application form (executed in presence of two witnesses) (can be submitted later on)

(b) Name, address and nationality of the Applicant (s)
(b)  Title of the Article

(c)   Various views of the Article (front, back top, side, bottom, including perspective views); In case of photograph 6 sets to be provided, drawing/sketch could be provided vide email) Notarised copy

(d)  Priority details (i.e. Application no.; date of filing, Country) where priority is claimed (Application must be within 6 months of priority application); Certified copy of priority document must be supplied within 3 months of filing of Application   
(d)   Power of Attorney (executed in presence of two witnesses) (can be submitted later on)
 

Term of Design Registration in Nepal:

The copyright in design is valid for 5 years and can be further renewed for two terms of 5 years each. Thereby making total term of valid registration to be 15 years in Nepal.