Parent Law

Parent Law

Here you may find information about patent law and and lawyers in Pakistan. Our team best assist their clients in understanding the Patent Law existing herein Pakistan. Increasing competition and global commerce have changed the way patents are approached and managed. Today, it is essential to have an intellectual property strategy that includes maximizing the potential value of a company’s patents as well as reducing unnecessary costs and risks.

 The firm has filed patents with the Patent and Trademark Office in a wide range of disciplines including Information technology, Biotechnology / Life sciences, Chemicals, Manufacturing and Electronics etc. While obtaining patents is essential, it is only one step in developing a patent portfolio that offers the necessary protection, as well as optimizes marketability. Clients of Treklaw benefit from constant reviews of patent use, competitor actions and market trends. The firm establishes and manages portfolios of Pakistani and foreign patents for large corporations and large enterprises as well.

Patent Law

What is a patent?

A patent is a right of exclusion granted by a government to the inventor of an article, device, substance, process or method which is new, inventive and useful in return for its development and disclosure to the public.

What rights does a patent provided?

Patents provide the inventor with the right to exclude others from exploiting the invention for the life of the patent, which is generally up 20 years from filing.

What can be patented?

Virtually any new and useful advance can be patented, for example mechanical devices, electric circuits, chemical compounds, genetically altered life forms and the application of computer software and algorithms. Business methods and manufacturing process can also be patented, especially if they involve computers and information technology. The advance doesn’t need to be a major breakthrough – a small improvement or variation may be patentable. It is necessary, however, for there to be an inventive step, i.e. the improvement can’t be considered obvious to a skilled worker in the relevant filed.

What can’t be patented?

Generally, items such as plans, schemes, artistic creations and mental process cannot be patented. Since the law determining permissible subject matter for patents is based upon an accumulation of court decisions, what can be successfully patented has changed over the years and varies from country to country.

What are the different types of applications and patents?

Provisional application

The first step in filing a patent application in Australia is often the lodgment of an application, accompanied by a provisional specification, at the Patent Office. The provisional specification describes the invention and (in most cases0 its date of lodgment determines the ‘priority date’, on which date the invention must be new.

Complete application (leading to standard patent)

Within 12 months of lodging the provisional application can be lodged at the Patent Office. Where an invention is in development when a provisional specifications can be lodged in the 12-months period to include additional material. All such provisional specifications can be combined in a single with a series of numbered paragraphs called claim. The claims define the monopoly sought – both the particular embodiment of the invention as described in detail in the specification and variations.

Divisional application

Under the Patents Act 1990 it is possible to file a patent application that claims the same priority date as one previously filed and claims matter disclosed in an earlier application. These divisional in an application have a maximum term of 20 years, common with the parent case, but must be filed prior to sealing of the parent complete application.

Innovation patent

The novelty test for an innovation patent, as for a standard patent, includes publication or use anywhere in the world. However a lower innovative step applies. The innovation patent contains a maximum of five claims, has a shorter term (eight years instead of 20) and no extension of term is available. Applications are not subjected to examination, however, for the patent to be relied on infringement proceedings – the patentee must request examination and the patent must be validated.

Patents of addition

An application for a patent of addition may be made for a single improvement in, or modification of, the main invention in an earlier patent. The owner must be the same as the earlier patent or a person authorized by the owner.

Is there a worldwide patent?

No. Patents are obtained on a country-by-country basis, although there are a small number of regional patent arrangements, including one in Europe. The Patent Cooperation Treaty also exists, however this only applies for a short time during the application stage and national patens still ultimately result.

What is the role of a patent attorney?

Patent attorneys provide the expertise required in order to obtain and protect IP rights. This involves managing the processes by which patents, trademarks’ rights are granted, and advising on the issues surrounding their validity and infringement. Patent attorney must have a degree in engineering or since.

What is a registered design?

A design is a feature of shape, configuration, pattern or ornamentation of an article capable of being judged by the eye. It is possible to register a design and there by obtain protection for the external appearance of a product. Protection is usually sought for either three-dimensional features of shape and /or configuration or two-dimensional features of pattern and/or ornamentation. The design must be new and original at the date of application for registration.

When has a registered design been infringed?

Generally, by the unauthorized application of the design (or an obvious or fraudulent imitation) to any article to which the design is registered – including importation, sale / hire and offering to sell / hire.

What could prevent your design from registered?

Any earlier registration, publication, sale or use in Pakistan of an article that differs only in immaterial detail, or in features commonly used in the trade, from the design for which protection is being sought.

Is there a worldwide registered design?

No. Registered designs are obtained on a country-by-country basis, although a single European Community Design has recently been introduced.


Suit for infringement of a patent

A patentee may institute a suit under section 60 in the District Court which have the jurisdiction to try the suit against any person who during the continuance of the patent acquired by him under this law, in respect of an invention, makes, sells or uses the invention without his license, or counterfeits it, or imitates it.

Reliefs in suits for infringement

If a patent is infringed by infringer and a suit for infringement has been field against him then the remedies can be availed by the patentee. The Court can order to:

desist form infringement; infringer to pay the right holder damages adequate to compensate for the injury he has suffered because of infringement; pay the right holder expenses which may include appropriate attorney’s fee; the recovery of profits, damages and pre-established damages; dispose off the goods (which found to be the infringing) outside the channels of commerce without giving any compensation to the infringer;

dispose off the material, implements and predominant, use of which has been in infringing goods, outside the channels of commerce to minimize the risk of more infringement without giving any compensation to the infringer; infringer to inform the right holder of the identity of third parties involved in production and distribution of the infringing goods and their channel of commerce in case of serious infringement; adequate compensation to the party who has been wrongfully restrained by the party on whose request measures has been taken; the applicant to pay the defendants expenses including attorneys fee. prevent an infringement, if there are imported goods the court can order to prevent its customs clearance; preserve its relevant evidence in the alleged infringement; and provisional measures to prevent the delay which cause harm to the right holder or where there is a demonstrable risk of evidence being destroyed.


Remedies under Section 8

If any person infringes a registered proprietor’s right, the proprietor may:

bring a suit against him for the recovery of damages; and

bring a suit for an injunction for the continuance of the infringement.

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