Patent, Design, and Trade-Mark Act, 1965
Published date: 2022/5/14
1. Patent Design & Trademark (First Amendment) Act, 2044 BS- Dated 2044/7/1
2. Judicial Administration Act, 2048 BS- Dated 2048/2/16
3. Act For the Amendments of Some Nepalese Acts related to Export Import and Intellectual Property - dated 2063/8/8
Whereas it is necessary to make timely legal arrangements in respect to patents, designs and trade-marks for the convenience and economic benefit of the general Public,
Now therefore, His Majesty King Mahendra Bir Bikram Shah Dev has enacted this law on the advice and with the approval of the National Panchayat.
1. Short Title Extent and Commencement
(1) This Act called the patent, Design and Trade Mark Act, 1965,
(2) It shall be applicable throughout the
(3) It shall come into force at once.
In this law, unless otherwise meant with reference to the subject or context:
(a) patent means any useful invention relating to a new method or process of manufacture, operation or publicity of any material or a combination of materials, or that made on the basis of a new theory or formula.
(b) Design means the form or shape of any material manufactured in any manner.
(c)Trade-mark means words, symbols, or pictures or a combination thereof to be used by any firm, company or individual in its products or services to distinguish them the produces or services or others.
(d) Department means the department prescribed by His Majesty's Government by notification in the Nepal Gazette, and the Department of Industry unless so prescribed.
(e) Schedules mean the schedule to this Act.
(f) Prescribed or as prescribed means prescribed or in the manner prescribed in the rules framed or orders issued under this Act.
3 ACQUISITIONS OF PATENT RIGHTS
(1) Any person desirous of obtaining right over any patent shall have such patents registered in his name under this Act.
(2) The patent registered in the name of any person under this Act shall not be copied by any other person or operated or used in his name without assigned in his name as per Section 21(d) or without the written permission of the patentee.
4 APPLICATIONS FOR ACQUIRING RIGHT OVER PATENT
(1) A person desirous of having any patent registered in his name shall submit to the Department an application according to the specimen form specified in Schedules 1(a), containing the particulars mentioned below, along with all available evidence in his possession:-
(a) Name, address and occupation of the person inventing the patent.
(b) If the applicant himself is not the inventors, how and in what manner he acquired title thereto from the inventor.
(c) Process of manufacturing, operating or using the patent.
(d) The theory or formula if any on which the patent is based.
(2) Along with the application mentioned in Sub-Section (1), e applicant shall also submit mans and drawings along with particulars, of the patent, as well as the fee specified in Schedule 3.
5. EXMINATION BY DEPARTMENT
receipt of application submitted under Section 4,the
Department shall, on the advice also of experts if so considered
necessary, conduct examination or studies to ascertain
whether the patent investigations in the application is a new
invention or not, and whether it is useful to the
general public or not, and thereafter decide whether or
not to register such patent.
case the Department feels that any patent should not be registered in the
circumstances mentioned in Section 6, it shall give a notice to
the applicant to the effect that the patent cannot be
registered according to his application.
(3) (Repealed on October 18, 1987).
6 CIRCUMSTANCES IN WHICH PATENTS CANNOT BE REGISTERED
Department shall not register any patent under this act in the following
(a) In case the patent is already registered in the name of any other person, or
(b) In case the applicant himself is not the inventor of the patent sought to be registered by him, nor has he acquired rights over it from the original inventor, or
(c) In case the patent sought to be registered is likely to adversely effect the public health, conduct or morality or the national interest, or
(d) In case (the registration of the patent) will constitute a contravention of existing
Provided that noting contained in Clause (a) shall be deemed to have prejudiced the transfer of the registration of any patent under the provisions of Section 9.
(2) In the circumstances mentioned in Sub-Section (1), the department may cancel the registration of any patent which had been registered.
department shall, before canceling the registration of
any patent, provided opportunity the patentee to show
cause, if any, why the registration of this patent should not be cancelled.
7 REGISTRATION OF PATENT
(1) On receipt of applications filed under Section 4 for registration of any patents, the department shall, after completing necessary investigations under Section 5 issue a registration certificate according to the Scotchman form indicated in Schedule 2 (a) to the applicant, except in the circumstances mentioned in Section 6.
(2) For obtaining the certificate mentioned in Sub-Section (1), the applicant shall pay the registration fees specified in schedule 3 (1) (b) to the department.
7A. Registered patents to be published.
(1) Patents registered under this act, other than those which must be kept secret in the national interest, shall be published by the department in the Nepal Gazette for the information of the public.
(2) In case anybody desires to see or copy the particulars, maps, or drawings of a patent published under Sub-Section (1), he may be allowed to do so after paying the fees prescribed by the department.
(3) In case anyone has any objection to such a patent, he may file a complaint with the department within a period of 35 days from the date of seeing or copying the patent under Sub-Section 92).
(4) In case any complaint is received under Sub-Section (3), the department shall take necessary action after conducting inquiries.
8 TERM OF PATENT
(1) The title of the patentee to the patent shall be valid for a period of seven years from the date of prostration thereof under Section 7, except when it is renewed under Section 23 B.
Notwithstanding, anything contained in Sub-Section 91),in the
case of patents registered
before the commencement of this Section, the term fixed
according to the provision in force at the time of registration
thereof shall be valid, and after the expiry of that term,
the patent must be renewed under Section 23B.
10 SUBMISSION OF DESIGN OR MODEL OF PATENT TO GOVERNMENT ARCHIVES
patentee shall submit to the National Archive also a copy
of the design or model of the article manufactured
according to the patent registered under this Act.
11 PUNISHMENTS FOR VIOLATION OF SECTION 3 (latest Amendment)
In case any person does the following offences should punished as follows as per the amount of offences and confiscation of all articles and goods connected with such offences on the order of Department:
a) If Commits Offences contravention to Subsection (2) of Section 3 should fine up to Five Lakhs Nepalese Rupees.
b) If attempts to commits or abets the commitment of any act contravention to Subsection (2) of Section 3 should fine half of (a).
12 ACQUISITION OF TITLE TO DESIGN
(1) Any person may acquire under this act title to the design of any article manufactured or caused to be manufactured by him after getting it registered under Section 14.
(2) The design registered in the name of any person under this Act shall not be copied by any other person or operated or used in his name without assigned in his name as per Section 21(d) or without the written permission of the registrant.
13 APPLICATIONS FOR REGISTRATION OF DESIGN
(1) Any person desirous of having the design of any article manufactured or caused to be manufactured by him registered under Section 14 shall submit to the Department an application according to the specimen form indicated in Schedule 1 (b), together with four copies of such design and maps, and drawings and particulars thereof.
The person submitting an application under
Sub-Section (1) shall pay, along
with the application, the application fee specified in Schedule
3 (2) (a), to the department.
14 REGISTRATION OF DESIGN
(1) On receipt of the application filed by any person under Section 13, the department shall register the design in the name of the applicant and then issue to him a certificate as mentioned in Schedule 2(b).
Provided that in case such design hurts the prestige of any individual or institution or adversely affects the public conduct or morality, or undermines the national interest, or in case such design has already been registered in the name of any other person, it shall not be registered under this-Section.
(2) For obtaining the certificate mentioned in Sub-Section (1), the applicant shall pay a design registration fee as prescribed in Schedule 3 (2) (b), to the department.
In case the department is satisfied that there exists any
circumstance as mentioned in the restrictive clause of
Sub-Section (1), it may cancel the registration of any design.
department shall, before canceling the registration of such
design, provide reasonable opportunity to the design- holded to show cancel if any, why the
registration of his design should not be cancelled.
14A. Term of Design
of the person in whose name a design has been
registered under Section 14 shall remain valid for a period of five
years from the date of registration thereof, except when it is renewed under
15 PUNISHMENTS FOR CONTRAVENTION OF SECTION 12
In case any person contravenes the provisions or Sub-Section (2) of Section 12, or operates a design the registration of which has been canceled by the department, he may be punished with a fine not exceeding Rs 50000, as well as confiscation of all articles and goods connected with such offense, on the order of the Department.
16. ACQUSITTING OF TITLE TO TRADE MARKS
(1) Any person acquire, under this act, title to the trade-mark of his business, after having it registered in the department under Section 18.
(2) The trademark registered in the name of any person under this Act shall not be copied by any other person or operated or used in his name without assigned in his name as per Section 21(d) or without the written permission of the registrant.
17 APPLICATIONS FOR REGISTRATION OF TRADEMARK
(1) Any person wishing to have the trademark of his business registered under Section 18 shall submit to the department an application according to the specimen form indicated in Schedule 1(c), along with four of such trade-mark.
The person submitting applications under Sub-Section (1),
shall pay an application as specified in Schedule 3(3) (a) to the
18 REGISTRATION OF TRADEMARK
(1) In case any person files an application under Section 17 for registration of trademark, the department shall register such trademark in the name of the applicant the specimen form indicated in Schedule 2 (c),
Provided that in case it is Test that such trade-mark may hurt the prestige of any individual or institution or adversely affect the public conduct or morality or undermine the national interest or the reputation of the trade-mark of any other person, or in case such trade-mark found to have already been registered in the name of another person, it shall not be registered
(2) For obtain a certificate as mentioned in Sub-Section (1), the applicant shall pay registration fees as specified in Schedule 3 (3) (b) to the department
(3) The department may cancel the registration of any trade-mark, if it is satisfied that any of the circumstance indicated in the restrictive clause of Sub-Section (1) exist.
Provided that the department shall, before canceling the registration of any trademark in this name, provide a reasonable opportunity to the holder of the trademark to show cause if any, why his trademark should not be cancelled.
18A. Classification of Goods and Services for the Person of Trade-Mark Registration
(1) For the purpose of registering trade-marks related to any goods or services, Government may classify such goods or services by notification in the Nepal Rajapatra.
(2) Separate applications must be submitted to register trade-marks of goods or services placed in different categories.
(3) The trade-mark registered for goods or services in one category/under Sub-Section (1) may be registered for goods or services under another category.
18B. Prohibition to Use Trade-marks
No trade-mark may be used be used as a registered trade-mark without registering it at the department.
18C. Time Limit for Use of Trade-marks
In case a trade-mark registered at the Department is not brought into use within one year from the date of registration thereof, the Department shall conduct necessary inquiries and may cancel such registration.
18D. Term of Trade-Marks
of the person in whose name a trade-mark has been registered under
Section 18 shall remain valid for a period of seven years from the
date of registration thereof, except when it is renewed under Section 238.
19 PUNISHMENTS FOR ILLEGAL USE OF TRADE-MARKS
In case any one violates Sub-Section (2) of Section 16,or brings into use a trade-mark which his been cancelled under Sub-Section (3) of Section 18, or violates Section 18B, no may be punished with a fine not exceeding is 1,00,000,as well as confection of all articles and goods connected with such offense, on the orders of the Department.
20 RIGHT TO APPOINT AGENT
Any person may appoint an agent or legal practitioner for the purpose of taking any
Action which he is required to take under this Act, and all actions taken by such
Agent or legal practitioner shall be deemed to have been taken by him personally.
21A. Publication of Registered Designs and Trade-Marks
(1) The Department shall publish the designs registered under Section 14 and
the trade-marks registered under Section 18, as well as particulars of their renewal
or cancellation, for information of the public.
2) Any one who has any objection to the particulars published under Sub-
Section (1) may file a complaint to the department within a period of 35 days from
the date of publication of such particulars. The department shall take necessary
actions after holding inquiries into such complaints.
Title not to be valid unless registered in
The title to any patent, design or trade-mark registered in a foreign country
not be valid in
21C. Registration of Foreign patents, Designs and Trade-Marks
The Department may register patents, designs and trade- marks registered in foreign
Countries without conducting any enquiries if an application is filed for their
along with certificates of their registration in foreign countries and the
Department provide the privilege of priority date of
21D. Provisions Related to Transfer of Rights or License to Use of Patent, design & Trademarks:
1) Any patent, design & trademark registered in own name can be transfer to any others name or make a license of use in a written form.
2) As per the sub section (1) if some one interested transfer or make a license of use of trademark, patent and design to other party and other party also interested to do so then both parties must submit a joint application to the Department clearly mentioned the matter, along with the prescribed fees.
(3) In case an application is received under Sub-Section (2), the Department may grant approval to transfer or make a license of use of such patent design & trademark.
4) As per the subsection (3), if the Department grants the approval to transfer it is required to assign such patent, design and trademarks in the name of transferee.
5) As per the subsection (3), if the Department grants the approval to make a license of use, it is required to endorse the details in the register book and in the certificate and the receipt of the same give to the licensee.
22 DEPARTMENT MAINTAIN REGISTER
The department shall maintain separate registers of patents, designs and
trade-marks, indicating therein registration or cancellation thereof effected
under this Act.
23B. Procedure Relating to Renewal of Patents, Designs and Trade-
(1) A patent, design or trade-mark holder must renew his patent, design or trademark
Within a period of 35 days from the date of expiry of the turn for which he is
Entitled to use the patent, design or trade-mark under Section 8, Section 14A or
Section 18D by submitting an application in the form mentioned in Schedule 2 (d),
2(e) and 2(f) respectively and paying the fee motioned in Schedule 3.
(2) A patent, design or trade-mark may be renewed by paying a fine of Rs
1000 within six months after the expiry of the time-limit for renewal according to
Sub- Section (1).
(3) Notwithstanding anything contained in Sub-Section (1) and (2), a patent may be renewed not more than two terms for a period of seven years at a time, a design not more than two terms for a period of five years at a time, and a trademark any number of terms for a period of seven years at a time.
24 COPY OF CERTIFICATE
In case the certificate of registration of any patent, design or trade-mark is lost, a copy thereof may be obtained from the department on payment of a prescribed fee.
In case any person, whose patent, design or trademark is registered under this act, actually suffers any losses as a result of any other person contravening the provisions of this act in respect to such patent, design or trade-mark, the department may have the appropriate amount of such losses recovered from such offender in the form of compensation.
26 REGISTRATIONS UNDER THIS ACT
The patents, designs and trade-marks registered prior to the commencement of this Act under the patent, design and trademarks law enacted in 1936 shall be deemed to have been registered under this Act, with effect from the date of its commencement.
26A. Power to have Alterations in Rates of Fees
Nepal Government may make alterations in the amount of fees prescribed in Schedule 3 by notification in the Nepal Gazette.
Any person who is not satisfied with the order issued by the Department under this
Act may file an appeal with the Appellate Court within 35 days.
The patent, design and trademark law of 1936 has been repealed.