Nepal Patent Filing Guide | Fees, Process & Renewals

anovIP Asia Insights → Patents – Reference Guide + Fee Schedule (Nepal)

Patents – Reference Guide + Fee Schedule (Nepal)

Patents – Reference Guide + Fee Schedule (Nepal)

PCT National Phase Entry

Nepal is not a PCT member, so PCT national phase filings are not available.

Conventional Priority Entry

Deadlines: Within 12 months from the earliest priority date. No extension possible.

Documents: Form 1 (patent) with name, address, occupation of the person or the company of inventor of the patent; proof of right if applicant is not the inventor, full specification (description, claims, abstract, and drawings where needed). For foreign applicants, a certified or notarized copy of the home registration certificate of the Patent (in English) from the country where the patent was originally filed, and notarized specification; Power of attorney duly notarized by Notary Public.

Priority Document: Certified/notarized copy of the priority application or filing receipt, with verified English translation if not in English, must be filed at the time of filing. No extension is available.

OTHER REQUIREMENTS

Languages: Official language is English. Nepal practice commonly expects a notarized English specification, especially for foreign-origin filings.

Power of Attorney: A Power of Attorney signed by the applicant before two witnesses is required; Notarization of the POA is recommended. Preferably submitted at the time of filing or shortly after filing.

Declaration of Inventorship/Assignment Deed: Evidence of right, typically an assignment or authorization must be filed with filing or when requested post-filing.

Family Patent Information: A certified copy of a home-country or other foreign grant certificate with notarized English translation which is often required to proceed to registration. Not needed at filing but must be supplied before registration.

Substantive Examination Request: Substantive examination after formalities examination without any explicit request.

Patent Validity: Patent term is 7 years from filing, renewable twice in 7?year blocks for a maximum of 21 years, subject to payment and compliance.

Annual Maintenance: Renewal must be made before expiry. A 35?day grace period after expiry to renew and if missed, renewal is still possible within 6 months after expiry with a penalty.

Working Statement: Does not require working statement.


REFERENCE GUIDE                                                            PATENTS - THE PROCESS

Step 1: FilingThere are two types of applications, Ordinary (direct) filing and Convention filing claiming Paris Convention priority within 12 months. Form 1/14/2A for filing. In-person filing accepted.
Step 2: PublicationPublication occurs after registration/grant in the Nepal Gazette. Complaint/opposition against a registered patent within 35 days from the date the published patent.

Step 3: Request

 for Examination

No separate request-for-examination filing, performs formality and substantive examination on its own motion after filing.

Step 4: Response

 to Examination

After an examination objection or refusal notice, the Patent Office sets a deadline to respond. No extension available.

Step 5: Hearings

 (if any)

If objections remain or cancellation/refusal is contemplated, the applicant is given a reasonable opportunity of being heard before an adverse decision
Step 6: DecisionIf granted, a certificate of registration in the prescribed format after payment of the grant/registration fee and details are then published in the Gazette. If refused, the applicant has a right to be heard and  remedies include contesting during hearing.
Step 7: RenewalPatents are valid 7 years from registration, renewable twice for 7?year periods (maximum 21 years). Renewal uses 7?year blocks with 35?day grace and up to 6?month late renewal upon penalty.

FEE SCHEDULE                                                                                         PATENTS                                                    

Fee TypeOfficial Fee (USDProfessional Fee (USD)
Search10210
Basic filing (per application)90465
Renewal fee (Annual Rate for the first time)40320
Transfer of ownership40290

Record amendment and endorsement in registration certificate

20290

Amendment in the application

10265

Renewal fee for the first time

Renewal fee for the second time40240

Duplication of the registration certificate

60240

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CHAPTER V - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

The Indian Patents Act, 1970 provides a robust opposition framework that allows third parties to challenge patent applications and granted patents to ensure only valid inventions receive protection. Section 25 establishes two forms of opposition—pre-grant opposition, which may be filed by any person before a patent is granted, and post-grant opposition, which can be filed by an interested person within one year of grant. These proceedings help prevent wrongful patent monopolies, encourage transparency, and safeguard public interest by scrutinizing novelty, inventive step, patentability, disclosure requirements, and compliance with statutory obligations. The opposition system plays a critical role in maintaining the integrity and quality of the Indian patent regime.

CHAPTER VI - Anticipation

Anticipation is a fundamental concept in patent law that determines whether an invention is truly novel and eligible for patent protection. Under the Indian Patents Act, 1970, an invention may be anticipated if it has been publicly disclosed, published, claimed, or used before the filing or priority date of the patent application. However, Sections 29 to 34 provide important exceptions for disclosures made without the inventor's consent, government testing, scientific exhibitions, public trials, and provisional applications. These provisions help protect genuine inventors from losing patent rights due to unavoidable or permitted disclosures while maintaining the novelty requirements of the patent system.

CHAPTER IV - PUBLICATION, AND EXAMINATION OF APPLICATION

The Indian Patents Act, 1970 establishes a structured framework for the publication and examination of patent applications to ensure only novel and inventive technologies receive patent protection. Sections 11A to 21 govern important aspects such as publication of applications, Request for Examination (RFE), prior art searches, examination reports, divisional applications, and substitution of applicants. Recent amendments have shortened examination timelines and introduced expedited procedures for eligible applicants. Understanding these provisions is essential for inventors, startups, and businesses seeking efficient patent prosecution and successful patent grants in India.

CHAPTER XII - SURRENDER AND REVOCATION OF PATENTS

The Indian Patents Act, 1970 provides comprehensive mechanisms for surrender and revocation of patents to ensure that only valid, lawful, and socially beneficial inventions enjoy patent protection. Sections 64 to 66 outline various grounds for revocation, including lack of novelty, non-patentable subject matter, wrongful obtaining, insufficient disclosure, non-working of patents, and violations of secrecy provisions. The Act also permits post-grant opposition, compulsory licensing-related revocation, and government-led revocation in matters affecting public interest or national security. These provisions act as important safeguards against abuse of patent rights while maintaining a fair balance between innovation, competition, and public welfare.

CHAPTER XVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

The Indian Patents Act, 1970 ensures that patents serve not only private interests but also the public good. Under Sections 83 to 94, patentees are expected to commercially work their inventions in India and make patented products reasonably accessible to the public. Where patented inventions are not adequately worked, are unaffordable, or fail to meet public demand, the law permits compulsory licensing. The Act also empowers the Controller to modify, terminate, or revoke patent rights in certain circumstances while balancing the interests of inventors, businesses, and society. These provisions are particularly significant in sectors such as pharmaceuticals, healthcare, and essential technologies, where public access is a key policy objective.

Chapter XVIII - Suits Concerning Infringement of Patent

Patent rights are meaningful only when they can be effectively enforced. The Indian Patents Act, 1970 provides a comprehensive legal framework for patent infringement actions, enabling patentees, exclusive licensees, and compulsory licensees to protect their inventions against unauthorized use. The Act outlines the jurisdiction of courts, available remedies such as injunctions, damages, and account of profits, as well as procedural safeguards including burden of proof provisions for process patents. It also recognizes important exceptions such as the Bolar exemption, parallel imports, good-faith infringement, and declaratory actions for non-infringement. Through judicial precedents and statutory protections, the Act balances the rights of patent owners with the interests of businesses, innovators, and the public.

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