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Patents
We advise businesses, inventors and institutions on the protection, development, commercialisation and enforcement of patent rights in Nepal. Our practice covers the legal and strategic aspects of protecting inventions, from assessing patentability and developing appropriate filing strategies to preparing and prosecuting applications, managing patent portfolios and advising on the commercial exploitation of patent rights. We also advise on patent licensing, compulsory licensing, know-how and technology transfer arrangements, and the structuring of commercial transactions involving patented technology. Where disputes arise, we represent clients in matters involving patent infringement and enforcement, with advice tailored to the technical, commercial and legal considerations relevant to each invention and business.
Our patent services
We advise businesses, inventors and institutions on a broad range of patent matters, from protecting new inventions to enforcing patent rights in Nepal.
Our patent services include:
- Patent searches and assessment — assessing existing patents and publicly available information to identify potential conflicts and inform protection strategy.
- Patent applications — preparing and filing patent applications and managing the application process before the Department of Industry.
- Patent prosecution — responding to examination issues and guiding applications through to grant.
- Patent registration — advising on the requirements and procedures for obtaining patent protection in Nepal.
- Foreign and international patent protection — advising international businesses and coordinating patent protection for inventions entering the Nepalese market.
- Priority claims — advising on convention priority and coordinating the documentation required to preserve filing priority.
- Patent assignments and recordals — documenting changes in ownership and other relevant patent information.
- Patent licensing and commercialisation — advising on the licensing, transfer and commercial use of patent rights.
- Patent portfolio management — assisting clients in managing and maintaining their patent rights and identifying opportunities for broader protection.
- Patent infringement and enforcement — developing strategies to address unauthorised use or exploitation of patented inventions.
- Patent litigation — representing clients in patent disputes before the High Courts and Supreme Court of Nepal.
- Enforcement measures — advising on appropriate administrative, regulatory and legal measures to protect and enforce patent rights.
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Technology transfer and know-how arrangements — advising on the transfer, licensing and commercial use of patented technology, technical know-how and related intellectual property.
Frequently asked questions
How long does a patent last?
Seven years from registration, renewable for two further terms of seven years each, giving a maximum of twenty-one years.
Can I use a PCT application to get protection?
No. Nepal is not a Patent Cooperation Treaty contracting state, so an international application cannot be used to enter the country. A direct national filing is required.
How long is the priority period?
Twelve months from the first convention filing, supported by a certified copy of the priority documents.
What is the penalty for patent infringement?
A fine of up to five hundred thousand rupees. An abettor who attempts to infringe without succeeding faces up to two hundred and fifty thousand rupees.
What can stop a patent being registered?
Section 6 refuses registration where the patent is already registered to someone else, the applicant is neither the inventor nor a person who acquired rights from the inventor, or the patent would adversely affect public health, conduct, morality or the national interest.