Patent, Design, and Trademark Registration in Nepal

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In Nepal, the registration processes for patents, designs, and trademarks are governed by the Department of Industry (DOI) under the Ministry of Industry, Commerce, and Supplies. Here’s an overview of the procedures for each:

Patent Registration in Nepal

Requirements:

  1. Application Form: A duly filled application form.
  2. Specifications: Detailed description of the invention, claims, and drawings.
  3. Abstract: A summary of the invention.
  4. Priority Document: If claiming priority based on an earlier application filed in another country, a certified copy of that application.
  5. Power of Attorney: If filed through an agent.

Procedure:

  1. Filing the Application: Submit the required documents to the DOI.
  2. Examination: The DOI examines the application for compliance with formal requirements and novelty.
  3. Publication: If the application is accepted, it is published in the official journal for public opposition.
  4. Grant: If no opposition is filed or if the opposition is resolved in favor of the applicant, the patent is granted.

Duration:

  • Patents are granted for a term of 20 years from the filing date.
Intellectual Property (PATENT-DESIGN-TRADEMARK)

Design Registration in Nepal

Requirements:

  1. Application Form: A duly filled application form.
  2. Representations of the Design: Clear drawings or photographs of the design.
  3. Statement of Novelty: Description of what is novel in the design.
  4. Priority Document: If claiming priority based on an earlier application filed in another country, a certified copy of that application.
  5. Power of Attorney: If filed through an agent.

Procedure:

  1. Filing the Application: Submit the required documents to the DOI.
  2. Examination: The DOI examines the application for compliance with formal requirements.
  3. Publication: If the application is accepted, it is published in the official journal for public opposition.
  4. Registration: If no opposition is filed or if the opposition is resolved in favor of the applicant, the design is registered.

Duration:

  • Designs are registered for an initial period of 5 years, renewable for two further periods of 5 years each (maximum 15 years).

Trademark Registration in Nepal

Requirements:

  1. Application Form: A duly filled application form.
  2. Business Registration Certificate: Company Registration Certificate, PAN/ VAT Registration Certificate / Gharelu Registration Certificate
  3. Representation of the Mark: Clear representation of the trademark.
  4. List of Goods/Services: Specification of goods or services the trademark will cover.
  5. Priority Document: If claiming priority based on an earlier application filed in another country, a certified copy of that application.
  6. Power of Attorney: If filed through an agent.

Procedure:

  1. Filing the Application: Submit the required documents to the DOI.
  2. Examination: The DOI examines the application for compliance with formal requirements.
  3. Publication: If the application is accepted, it is published in the official journal for public opposition.
  4. Registration: If no opposition is filed or if the opposition is resolved in favor of the applicant, the trademark is registered.

Duration:

  • Trademarks are registered for an initial period of 7 years, renewable indefinitely for successive periods of 7 years each.

Additional Information

  • Opposition: Third parties can oppose the registration of patents, designs, or trademarks within a specified period after publication in the official journal.
  • Renewal: Timely renewals are essential to maintain the rights.
  • Legal Representation: It is advisable to engage local legal counsel or an IP agent to navigate the process efficiently.

Contact Information

  • Department of Industry
  • Address: Tripureshwor, Kathmandu, Nepal
  • Website: Department of Industry
  • Telephone: +977-1-4261102

Understanding and navigating the IP registration processes in Nepal requires careful attention to detail and adherence to local legal requirements. Seeking professional guidance can significantly enhance the efficiency and success of the registration process.

About the author

Jayanti Shiwakoti

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