- Conducting patent search and advice thereon;
- Preparing and filing patent applications, prosecution upto the grant of patents;
- Filing and defending the oppositions/ revocation proceedings before the Controller of Patents and filing Appeals to High Courts;
- Patents litigations (before District Courts and High Courts);
- Franchising and compulsory licensing, Patents renewals;
- Patent validation system, Patent monitoring and awareness services.
PATENTS LAWS OF PAKISTAN:
The subject was covered by Patents and Designs Act, 1911. Pakistan recognizes process patent protection for a period of 16 years, including three areas: food, chemicals and pharmaceuticals. With the signing of the GATT Agreement, the Patents Act, 1911 has been repealed and replaced by the new Patents Ordinance 2000, to bring it in line with the TRIPS Agreement. The Ordinance would allow the filing of all product patents with a regulatory authority. It also contains provisions for granting Exclusive Marketing Rights (EMRs) for five years or till the patent is granted or rejected, whichever is earlier.
The (Amendment) in Patent Ordinance 2000, in the year 2002:
To keep pace with global trends and meet Pakistan’s obligations under the TRIPS Agreement, and to accommodate the flexibilities available to the developing countries under the TRIPS Agreement i.e., Parallel import, Bolar exception and EMRs.
The (Amendment) in Patent Ordinance 2000, in the year 2006:
Before amendment in Ordinance 2000, in year 2006, there was a time limit for acceptance or refusal of the Patent application i.e., 18 months to 21 months. However in amendment, the time limit is eliminated and the acceptance and refusal depends on the compliance of objections by the applicant.
Salient features of Patent Ordinance 2000 are as follows:
- In the Patent Act, 1911, the term of Patent was 16 years from the date of filing, now the Patent Ordinance 2000, has extended the term of patents up to 20 years subject to renewal and provisions for extension of the term of Patent has been withdrawn;
- In the Patent Act, 1911, the novelty requirement was only local i.e., “new and novel in Pakistan”; now in Patent Ordinance 2000 novelty requirement is absolute and international i.e., “new and novel in the world”;
- Product Patent: Introduction of Product patents in all fields of technology would facilitate chemicals food and pharmaceuticals sector to have product patent protection.
- The Patents Ordinance 2000, provides for grant of Compulsory Licenses after the expiration of a period of four years from the date of filing of the patent application or three years from the date of the grant of the patent, whichever period expires last, the Controller may issue a non-voluntary license to prevent the abuses which might result from the exercise of the rights conferred by the patent, for example failure of work.