Pakistan Patent Filing Guide | Process, Fees & Renewals

anovIP Asia Insights → Patents – Reference Guide + Fee Schedule (Pakist...

Patents – Reference Guide + Fee Schedule (Pakistan)

Patents – Reference Guide + Fee Schedule (Pakistan)

PCT National Phase Entry

There is no PCT national phase entry because it is a non-PCT state.

Conventional Priority Entry

Deadlines: Within 12 months from the earliest priority (basic application) date. No extension possible.

Documents: Applicant's name and full address, Specification in English (abstract, description, claims and drawings) in duplicate; drawings on A4 with prescribed margins, application forms such as Form P?1A/P?2A, and specification forms P?3 or P?3A depending on provisional vs complete, Power of Attorney, Inventors' endorsement on the reverse of the application form, or a notarized Deed of Assignment from inventors to the applicant.

Priority Document: A certified copy of the priority document on the filing date or within three months from the Pakistani filing typically with a request for extension and fee. A verified English translation with an affidavit of the translator if priority not in English.

Other Requirements

Languages: Official language is English.

Power of Attorney: Form P?28 or original notarized PoA is recommended, often at or shortly after filing within a short follow?up period set by the Office. Extensions can be taken.

Declaration of Inventorship/Assignment Deed: Inventor endorsement on the application form such as Form P?1A/P?2A, or a deed of assignment from inventor(s) to the applicant. Expected at filing or within a short period after filing. Late filing permitted within about three months without penalty, with further extensions possible upon request/fee.

Family Patent Information: No such requirement.

Substantive Examination Request: No separate request is required; examination is automatic once a complete specification is filed.

Patent Validity: Patent term is 20 years from the filing date in Pakistan. Grant fee is payable within four months from publication/acceptance stage.

Annual Maintenance: Annuities begin after expiry of the 4th year from the earliest filing/priority date; subsequent annuities are due annually. Grace period is available for six months from due date with surcharge.

Working Statement: Does not require working statement.


REFERENCE GUIDE                                                          PATENTS - THE PROCESS

Step 1: Filing

There are two types of applications, Ordinary (direct) filing and Convention filing claiming Paris Convention priority within 12 months. Forms include Form P?1A?/P?2A, and Form P-3A for specification.? Physical/in person and by post/courier are accepted; e-filing option exists but limited.

Step 2: Publication

18 months from the filing or priority date.

Step 3: Request for Examination

No separate request-for-examination filing. First examination report typically issued about 14–18 months from the filing date, depending on workload.

Step 4: Response to Examination

Must typically be met within 12 months from the FER date.

Step 5: Hearings (if any)

If objections remain outstanding after written prosecution, the Controller may fix a hearing to address maintainable issues before a decision.

Step 6: Decision

Following acceptance and advertisement, sealing/grant proceeds on the applicant's request in the prescribed manner. Pre?grant opposition may be filed within four months from the date of advertisement of acceptance. If refused, remedies include addressing grounds through hearings or appeals per the Patents Ordinance.

Step 7: Renewal

First renewal is due six months after grant and must cover all annuities that would have accrued during the application stage, with subsequent renewals annually on the anniversary tied to the priority date thereafter. A six?month grace period from each renewal due date is available with surcharge. No formal restoration process.

Fee Schedule                                                                                                       Patents

Particulars

Official Fee (USD)

Professional Fee (USD)

Filing a Patent Application accompanied by Complete Specification

28.00

480

a) For each additional page of specification beyond 40 pages

1

5

b) For each additional claim beyond 20 claim

2

5

Replying to objection

5

350

Notice of intention to attend hearing

10

350

Sealing of Patent

Request for sealing

28

300

Application for extension of time for sealing of Patent.

Application for the correction of clerical error

10

250

Payments of Annuities

Before 4th year in respect of 5th year

55

175

Before 5th year in respect of 6th year

55

175

Before 6th year in respect of 7th year

55

175

Before 7th year in respect of 8th year

55

175

Before 8th year in respect of 9th year

75

175

Before 9th year in respect of 10th year

75

175

Before 10th year in respect of 11th year

75

175

Before 11th year in respect of 12th year

75

175

Before 12th year in respect of 13th year

100

175

Before 13th year in respect of 14th year

100

175

Before 14th year in respect of 15th year

100

175

Before 15th year in respect of 16th year

100

175

Before 16th year in respect of 17th year

125

175

Before 17thyear in respect of 18th year

125

175

Before 18th year in respect of 19th year

125

175

Before 19th year in respect of 20th year

125

175


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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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