The patents office was an attached department of Ministry of Industries & Production established in 1948 under the provision of section 55 of the Patents & Designs Act. 1911(the Act is amended as Patents Ordinance 2002 & Designs Ordinance, 2000). The law of registration of Layout Designs of Integrated Circuits has also been promulgated as “Registered Layout-Designs of Integrated Circuits Ordinance, 2000”.

The Patents Office currently is a part of IPO Pakistan (Intellectual Property Organisation) under Cabinet Division.

Functions:

The Patents Office is an integral part of the progress of the country and of the development of its technological, material resources and it also:

1. Administers the Patents Ordinance, 2000, Designs Ordinance, 2000 and Layout-Designs of Integrated Circuits
   Ordinance, 2000.
2. Grant the Patents to the new and novel inventions.
3. Register the new and novel Designs of an article.
4. Provide a sound legal and administrative framework for the promotion and protection of intellectual property.
5. Formulate and review intellectual property policies and legislation.
6. Represent the government internationally on intellectual property matters.
7. Collaborate with other organisations and intellectual property offices or programmes.
8. To encourage research and inventions.
9. To disclose new technological discoveries.
10. To disseminate technical information & know-how.
11. Endeavours to promote new inventions.
12. To foster and aid industrial development in Pakistan.

1. What is a Patent?
   
   A patent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent.
   
   A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit.


2. What is patenting system?
   
   The basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial techniques should be improved. In order to encourage improvement and to encourage also the disclosure of improvements in preference to their use in secret. Any person devising any improvement in a manufactured article or in machinery or methods for making it, may upon disclosure of his improvement at the Patent Office demand to be given a monopoly in the use of it for a limited period. After that period, it passes into the public domain.
   
   
3. What rights does a patent owner have?
   
   A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected.
   
   The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.
   
   Once a patent expires, the protection ends, and invention enters the public domain, that is, the owner no longer holds exclusive right to the invention, which becomes available to commercial exploitation by others.
   
4. Should Inventions be patented?
   
   Any person who makes an invention may deal with it in any of the following ways: -
   
   1. he may broadcast the invention for free use by the public or
      
   2. he may work the invention in secrecy without patenting it ; or
      
   3. he may work the invention openly without patenting it; or
      
   4. he may exploit the invention on the basis of patents.
      
      
   The merits and demerits of dealing with an invention in the above ways are briefly mentioned below: -
   
   

   * Broadcasting

   
   There are many inventors to whom the idea of enjoying a monopoly for their inventions is repugnant, and who, therefore, broadcast their ideas, in the hope that by doing so they would confer the benefit of their inventions on the largest possible section of the public. These inventors, however, overlook the fact that their inventions would not come into wide use unless they are developed for manufacture on a mass-production scale, and that the necessary capital for large-scale manufactures would not be forthcoming unless the manufacturers are assured of protection against competition. Experience has shown that inventions, which are, broadcast for free use by the public seldom come into use, and that a patent, judiciously used, would induce manufacturers to take up the working of the invention on a commercial scale.
   
   

   * Secret-working

   
   A large section of inventors desire to enjoy an exclusive right for the use of their inventions, and a question, which generally confronts such inventors, is whether they should do so by working their inventions in secrecy, or by protecting them by patents. Secrecy would enable an inventor to enjoy the exclusive right for the use of his invention, so long as he succeeds in keeping in secret; but, if the secret leaks out, he would not be able to prevent others from using his invention, even competitively against himself. Experience has brought home to inventors the fact that under modern conditions, it is extremely difficult to work useful inventions in secrecy, and that unless the inventions are patented, they would be obliged to face competition within a short period of working their inventions for profit.
   
   

   * Open-working

   
   Open working of the invention would expose the inventor to the same risks as those involved in secret-working, but sooner than secret-working.
    
   

   * Patenting

   
   As against the disadvantages associated with the working of an unpatented invention either secretly or openly, or with the mere publication of the invention for free use by the public, the method of exploiting the invention by patenting it, has the following distinct advantages:-
   

   • A patentee’s right to the exclusive use of his invention would not be prejudiced by the fact that his invention is made known to others.
     

   • The said exclusive right could be enforced legally.
     

   • The protection enjoyed under the patents would enable the patentee to raise capital for working the invention on a commercial scale.
     

   • If the patentee were not himself in a position to work the invention commercially, he would be able to make a profitable use of the invention by selling his patent, or by granting licenses to others permitting the use of his invention.
     

   • Even where the inventor does not desire to earn profits by the use of his invention, a patent would enable him grant licenses judiciously, so as to secure on the one hand, sufficient inducement to manufacturers to take up the working of the invention, and on the other hand, to confer the benefit of his invention on the largest possible section of the public.
     

   • A patent would enable the invention to establish an official record of his inventorship.
     

   Hence, for the standpoint of the inventor as well as of the public it is distinctly advantageous to adapt a policy of protecting inventions by patents, instead of working them in secrecy, or working them openly or broadcasting them without protection.

5. Patentable Inventions In Pakistan
   
   In order to be patentable an invention should have the following characteristics:-
   
   (i) The invention is new.
   (ii) It involves an inventive step.
   (iii) It is capable of industrial application.
   (iv) It should not be contrary to law or morality.
   
   Under the Patents Ordinance and Rules, the Patents Office is however chiefly concerned with (i) and (ii) and (iv) only. These characteristics are briefly explained below.
   
   

   * Manner Of Manufacture

   
   An invention in order to be patentable must relate to a new and useful “manner of manufacture”. The expression “manner of manufacture” has received a special signification in relation to Patents Law as a result of judicial interpretation of the term. In order to decide whether in a particular case the invention sought to be patented is a “manner of manufacture” within the meaning of the definition one has often to apply certain tests or principles laid down by courts. The most common of these tests is what is called the vendibility test. Accordingly, it is essential that the process, apparatus or articles of manufacture should suggest an act to be done or an operation to be performed, and that the result must be a vendible product.
   Mere abstract principles, plants, arrangements, designs, or schemes which may be of a high order from the standpoint of originality or utility-which do not involve the subjecting of materials to manual or mechanical other operations, and which do not relate to the making of vendible products, are not considered to be within the scope of this expression.
   Examples of what constitutes a “manner of manufacture” are textile machines, power plants, agricultural implements, domestic appliances, synthetic products, foodstuffs, dyes, chemicals, toilet preparations, processes and devices for making the same, and an agricultural process, such as the rotation of crops or horticultured process, such as the rotation of crops or horticultural process, such as treatment of plants or flowers.
   
   

   * Novelty

   
   For the purpose of patents in Pakistan, novelty is no more considered with reference to what is publicly known in the territories of Pakistan and what is publicly used in the territories of Pakistan, prior to the date of the patent application. The Public use or knowledge of an invention any where in the world before the date of the application would prejudice the novelty of the invention. Applicants for patents should therefore, take particular care to see that their inventions are not publicly used any where in the world, prior to the date of their patent applications. Publication of the invention should, therefore, be avoided before applying for Patents.
   Patent rights were denied to an inventor of an improved design of ball-point, pen, merely on the ground that the inventor himself had published a description of making a ball point pens and had made two pens embodying the invention available to the members of the public, before filling the patent application. A new method of producing nylon with evenly distributed carbon black content was not granted patent of the prior publication the information was disclosed through bulletins to the members of the public by the applicant’s salesman.
   The public use or knowledge of publication of an invention even out side Pakistan would prejudice the novelty of an invention.
   
   

   * Inventive Step

   
   To be new in the patent sense, the novelty must show invention. It is not enough that the purpose is new or that there is novelty in the application, so that the article produced is in that sense new. There must be novelty in the mode of application. By that, it means that in adopting the old contrivance to the new purpose, there must be difficulties to overcome, requiring what is called invention, or there must be sonic ingenuity in making the adoption. In order to be patentable, the new subject must involve invention over what is old. A patent for new use of a known contrivance, without any additional ingenuity in overcoming fresh difficulties is not an invention. If the new use involves no ingenuity, but is in manner and purpose is analogous to the old use, although not quite the same there is no invention. On the other hand a patent for a new use of a known contrivance is good and can be supported if the new use involves practical difficulties which the patentee has been the first to see and overcome by some ingenuity of his own. Invention, therefore, is to find out or discover something not found or discovered before. It is not necessary that the invention should be anything complicated. The essential thing is that the inventor is the first one to adopt it. Every simple invention so far as it is something new would be an invention.
   
   

   * Industrial Application

   
   Industrial application is defined to include capability of the invention to be used in any kind of industry. The law emphasizes that “the industry shall be understood in its broadest sense”. It covers in particular agriculture handicraft fishery and services. The law clarifies that “a product consisting of a substance or composition shall not be prevented from being treated as capable of industrial application merely because it was invented for use in such a method”.
   
   

   * Utility

   
   No valid patent can be granted for an invention devoid of utility. Utility does not mean abstract utility or comparative utility, or competitive utility, or commercial utility. Utility means having practical existence as a manner of manufacture. If what is proposed by the invention is giving an option of a process or an apparatus, which is better in some respects though not necessarily better in every respect, than what is previously known, the invention will be deemed to possess utility.
   
   

   * Law Or Morality

   
   A patent for an invention will be refused, if, in the opinion of the Controller, its use would be contrary to law or morality. Thus, an apparatus for gambling, or an appliance for burgling houses or a method of adulterating food would be regarded as an invention contrary to law or morality, and would not be a proper subject-matter for a patent.
   
   
6. UnPatentable Inventions In Pakistan
   1. Discoveries of Laws of nature.
   2. A productions.
   3. Method or producing sound.
   4. Computer Programs (Software).
   5. Perpetual motion machines.
   6. a method of writing music.
   7. A fancy name for an article.
   8. A trade mark.
   9. The discovery of new properties of known substance.
   10. A system of alphabet.
   11. Chemical & Pharmaceutical product (till 2004).
   12. A system of shorthand.
   13. Literary, dramatic, musical and artistic works.
   14. Doctor’s prescriptions and Patent Medicines.
   15. A system of indexing.
   16. Mere charts, diagrams, or printed sheets.
   17. A surgical operation.
   18. Articles harmful to public heath & their prosperity.
   19. Treatment of human beings, animals, flowers & plants.
   20. Purely scientific & mathematical formulas & principles.
       
       
7. Who may apply for a patent?
   
   * Master And Servant
   
   
   1. In the absence of any specific agreement between an employer and an employee, relating to inventions, the question of ownership of any invention made by an employee would be decided in each case according to the facts of that particular case, but precedents indicate that: -
      
      
      1. If the invention is concerned with an art wholly outside the scope of the employer’s business, then the employer has no right to it.
         
      2. If the invention is concerned with an art connected with the employer’s business and even with the employee’s employment, yet if to make such invention is outside the scope of the employee’s proper work, then the invention does not belong to the employer.
         
      3. If the invention is concerned with matters within the scope of the employee’s proper work, then, the property on the invention belongs to the employer, and it is immaterial whether the invention was made in the employer’s time or in that of the employee.
         
      4. An invention made during a former employment and within the scope of such employment but developed subsequently may, in certain circumstances, be held to be the property of the former employer. No one, however, can be restrained from using general experience and general knowledge honestly acquired during a previous employment.
         
         

   2. Unless the employer has suggested the broad idea that results in the invention, his status; as employer does not entitle him to be regarded as the inventor, and suggestions which he might make should be credited to the employee-inventor.
      
      

   * Government Servants

   
   
   • Subject to any special conditions of service or to any special orders applicable to the persons employed in any particular department, all Government servants are at liberty to apply for a patent direct to the Patent Office.
     
   • Government servants employed in the Defense Services, in the Pakistan Navy and in the Pakistan Air Force should not apply for patents except in the manner laid down in the Special Regulations applicable to them.
     
   • Government servant; employed on Scientific or Technical Research should not apply for patents or cause or permit any other person to apply for or obtain a patent for an invention made by such Government servants, save with the permission of the Government and in accordance with such conditions as the. Government may impose,
     
   • Restrictions similar to those at (c) above are applicable to Railway servants.
     
     

   * Secrecy of certain inventions or Directions for Secrecy

   
   There is a special provision for securing secrecy in relation to inventions whose publication might be prejudicial to the defense of the realm. The Federal Government may notify to the Controller lasses of invention relevant to defense, and if any invention is considered by the Controller to fall within such a class he may give directions for prohibiting or restricting the publication of information with respect to the invention, or the communication of such information to any person or class of persons specified in the directions, and while such directions are in force, although the application may proceed up to acceptance the acceptance will not be advertised nor followed by publication. Applications the subject of directions must be periodically inspected by the Department concerned to see whether the restrictions may now be lifted: if they are lifted the application may then proceed further.
   Where such a secret application is accepted, then if any use of the invention is made by or on behalf or to the order of the Federal Government the provisions as to compulsory Licenses, Licenses of Right, Exploiting of Patents apply as if a patent had been granted. Where a direction for secrecy causes hardship to the applicant the Federal Government may make an ex-gratia payment of compensation.
   
   

   * Applicant's Status

   
   
   • An application for an ordinary patent may be made by any “person” (person includes a company or corporate body, a firm or a partnership) whether alone or jointly with any other person.
   • An application for a patent which claims a “priority date” may be made by the person who has made the application on which the claim to priority is based, or his legal representative, or his assignee, either alone or jointly with any other person.
   • An application for a patent of addition may be made only by the applicant for the original patent to which it is an addition, if the application for the original patent is pending; or by the registered proprietor of such original patent, if it has been granted.
   
   
8. How to obtain a patent?

   * Varieties of Patents

   
   Four kinds of Patents are granted under the Patents Ordinance. They are
   
   1. An ordinary patent, which is dated as of the official date of the application for the patent.
   2. A black/mail box application relating to chemical products intended for use in agriculture and medicines. The application will be kept dormant until 31St December 2004.
   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 the member of WTO (World Trade Organisation).
   4. A patent of addition, for improvement or modification of an invention for which a patent has already been applied for or granted.

   * Outline of the Procedure
   
   

   The following are the successive steps of the procedure for obtaining a patent
   
   • Filing the “Application”, accompanied by either a Provisional or a Complete Specification.
   • Filing the Complete Specification, if the Specification filed with the Application was a Provisional Specification.
   • Examination and Acceptance of application by the Patent Office.
   • Overcoming Opposition, if any, to the grant of patent.
   • Sealing the patent.
   
   Applicants should take care to see: -
   
   1. that the application is accompanied by the prescribed fee, and
      
   2. that the specification filed with the application contains a reasonable description of the invention.