Kat Associates – LLP

Trademarks & Patents

Trademarks & Patents

Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under the patent law, including novelty, inventiveness and industrial application. In case of rejection, the applicant has the right to appeal to the High Court within 90 days as of the date of receiving the notification of rejection.

Accepted applications are published in the Official Gazette and any interested party has the right to appeal to the Controller of Opposition within 120 days as of the date of publication in the Official Gazette. In the absence of opposition, the letters patent is issued. 

Under the Patents Ordinance of 2000, four kinds of patents are granted:

1. An ordinary patent which is dated as of the official date of the application for the patent. 
2. A patent relating to chemical products intended for use in agriculture and medicines. 
3. A patent claiming “priority” which is dated as of the official date of the corresponding application for patent first made in a country which is a member of the WTO. 
4. A patent of addition, for the purpose of improving or modifying an invention for which a patent has already been applied or granted.

A patent is valid for 20 years. Annuities are to be paid starting from the fifth year of the patent term and are paid in advance at the beginning of the fourth year.

The right to a patent may be assigned or licensed. An assignment shall have no effect against third parties, unless it has been recorded at the Patent Office and Published in the Official Gazette.

TRADEMARK Summary

Pakistan is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (classes 1-34) and service mark classification (classes 35- 45) is applied in Pakistan.

A trademark application filed in Pakistan is examined to determine its registrability. It takes atleast 6 months for the application to be examined. If no objection is raised by the Examiner, the application is accepted for publication in the Trademark Journal. If objection is raised by the Examiner, the reply to the notice of objection is to be submitted within two months When a trademark is accepted by the Registrar, it is published in the Trademarks Journal. Any interested party may file a notice of opposition to the registration of a trademark within 2 months from the date of publication or within the period set by the Registrar, not exceeding 2 months in aggregate.

Time Frame

The approximate time frame for completing the registration process of a trademark is 2 to 3 years.

Term of Trademark

 A Trademark Registration is valid for ten (10) years and need to be renewed for further terms of ten (10) each thereinafter. The mark can be renewed within two months of expiration of last registration or renewal.

COPYRIGHT Summary

Under the Pakistan Copyright Ordinance of 1962 and its amendments of the year 2000, original works of literature, art and science, regardless of type, significance or purpose are protectable. Protection includes works of art expressed in writing, sound, drawings, photography and motion pictures, such as books, speeches, oral work, dramatic works, musical composition, films, phonographic works and applied art. Such works are protected for the lifetime of the author plus 50 years following his/her death. Civil remedies by way of injunction and / or damages, and criminal remedies by way of fine and imprisonment are available through the courts of Pakistan. Police raids are also permissible.

Design Summary

Designs and industrial models are protectable in Pakistan through registration with the competent office. An application for a design registration is examined with respect to compliance with formalities and patentability provided for under the Design Law including novelty and distinctiveness.

Designs that are granted registration shall be published and thereby become open to opposition for a period of six months. However, upon the request of the applicant, the publication may be postponed. If opposition by a third party is justified, the design shall not be registered. The registered design shall be protected for ten years as from the filing date. Protection period is subject of renewal.

The renewal application may be filed during the last six months of the tenth year of the protection period. However, a late renewal is possible upon the payment of a fine, within six months from the expiration of the protection period. Registration, assignment, or cancellation of a design or industrial model registration shall be published in the Official Gazette and entered in the register.