What is a Patent?

A patent is a government grant that gives the owner of an invention the exclusive rights to make, use, import, sell, and exploit the invention. This protection prevents others from using the patented invention without the owner's permission. A patent can be a powerful tool for business, as it allows the patent holder to raise funds, license the invention to third parties for commercial returns, or even sell the patented invention.

A patentable invention can be a product or process that provides a new technical solution to a problem. It can also involve the creation of a new product or a technical improvement in how certain objects function.

Benefits of Registering a Patent

Once a patent is registered, the patent holder gains exclusive rights to use the invention, while preventing others from exploiting it without authorization. The patent can be leveraged to secure funding, licensed to third parties for profit, or sold as a valuable asset.

Procedure for Patent Registration in Pakistan

Patent registration involves several steps that must be completed before the patent is granted. The following procedure is typically followed when registering a patent in Pakistan:

1. Application for Registration of Patent: Submission of the initial patent application.
2. Filing the Complete Specification: Providing a detailed description of the proposed invention.
3. Examination by the Patent Office: The Patent Office reviews the application and specifications.
4. Public Objection Period: An opportunity is given for third parties to raise objections.
5. Contesting Third Party Objections: If objections are raised, they must be contested and resolved.
6. Grant of Patent: Once all objections are resolved, the patent is granted.
7. Patent Renewal: The patent must be renewed periodically to maintain its validity.

Patent Duration

A patent in Pakistan is granted for a period of 20 years from the date of filing the application, subject to the payment of annual renewal fees.

Patent Renewal

Patent renewal is required annually starting after the expiration of the fourth year, continuing until the patent's full 20-year term is completed.

What is a Trademark?

A trademark is a legal right granted to individuals or businesses that seek to protect their unique brand identity. It can include a sign, logo, symbol, word, or a combination of these elements, used to distinguish the goods or services of one business from those of others. Once registered, a trademark is safeguarded against any infringement by unauthorized parties.

Benefits of Registering a Trademark

In Pakistan, registering a trademark is not mandatory, but without registration, you cannot claim exclusive rights or protect your brand from infringement. By registering a trademark for your goods and/or services, you gain a legal monopoly over your business identity. This adds value to your business by protecting your brand and differentiating it from competitors in the market.

Trademark Registration Procedure in Pakistan

Trademarks in Pakistan are registered and protected under the Trade Marks Ordinance, 2001. The following procedure is commonly followed for trademark registration:

1. Application for Nation-wide Search of Trademark
2. Filing of Trademark Application
3. Preliminary Examination by the Registrar of Trademarks, Pakistan
4. Public Hearing for Objections
5. Submission of Evidence Confirming Trademark Use
6. Decision on Trademark
7. Publication in the Trademarks Journal of Pakistan
8. Renewal of Trademark

A trademark registration in Pakistan is valid for 10 years from the date of registration. It is renewable for additional 10-year periods, after which a fresh application is required. Trademark rights typically arise from usage, and registration helps maintain exclusive rights, provided no other trademark objections exist.

Trademark Classification

In Pakistan, trademarks are categorized under 45 classifications, aligned with the International Nice Classification system based on the Geneva Accord, to which 75 countries are signatories. The goal is to register trademarks under these classifications, ensuring they are distinct from other businesses in similar sectors. Additionally, trademarks can be registered in multiple countries under the same classification to avoid complexity.

Legal Remedies Against Trademark Infringement

Once registered, a trademark is protected under the Trade Marks Ordinance, 2001. An aggrieved party can immediately seek interim relief from a court to prevent unauthorized use of the trademark. Additionally, a suit for damages can be filed for losses incurred due to falsification, counterfeiting, or unfair advantage. Simultaneously, criminal proceedings can be initiated by filing a First Information Report (FIR) with the police under Sections 478-489 of the Pakistan Penal Code, 1860.