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Patents Ordinance, 2000

Ordinance· 2000· 52 pages
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Summary

The Patents Ordinance, 2000 is Pakistan's main patent law, replacing the earlier Patents and Designs Act, 1911 (repealed by Section 106), and was enacted to align Pakistan's patent system with its obligations under the WTO's TRIPS agreement. Section 1 extends the Ordinance to all of Pakistan; it came into force immediately, except for certain provisions on chemical, agricultural, and medicine-related patents, which took effect from 1 January 2005. Section 2 defines key terms, including "invention" (any new and useful product or process, in any field of technology, including improvements to existing ones).

Chapter II sets up the administration: Section 3 provides for a Controller of Patents and staff who run the Patent Office (Section 4), and Sections 5-6 bar officers from holding a personal interest in patents or leaking confidential information. Chapter III lays out the core legal tests an invention must meet to be patentable: Sections 7-10 cover patentability generally, novelty, inventive step, and industrial application. Chapter IV (Sections 11-15) covers who may apply for a patent — including special rules for inventions made by employees (Section 12) — and what an application and its specification must contain. Chapter V (Sections 16-22) covers examination of applications and acceptance of the specification, and Chapter VI (Sections 23-24) covers opposition to a patent grant and third-party observations on patentability. Chapter VII (Sections 25-26) covers secrecy for inventions that could be prejudicial to Pakistan's defence or public safety.

Chapter VIII (Sections 27-32) covers the actual grant and sealing of a patent and its term (Section 31). Later chapters cover co-ownership and employer-employee disputes over inventions (Chapter IX), patents of addition (Chapter X), amending a specification (Chapter XI), restoring lapsed patents (Section 45), and revoking a patent through the High Court, the Controller, or the Federal Government (Sections 46-49). Chapter XVI (Sections 58-59) allows compulsory licensing — letting government or a third party exploit a patent under specified conditions even without the patent owner's consent. Chapter XVII (Sections 60-68) covers infringement suits and remedies, and Chapter XVIII covers appeals.

Chapter XIX (Sections 71-78) sets out offences and penalties, covering breaches of secrecy provisions, false entries in the Register of Patents, false representation, misuse of the words "patent office," refusal to supply required information, and unauthorized practice by non-registered patent agents — though the specific fine or imprisonment amounts for these offences are not shown in the extracted text and should be checked against the current official text. Chapter XX (Sections 79-85) regulates patent agents, and Chapter XXI (Sections 86-88) covers arrangements with Convention (WTO member) countries. Section 106 repeals the 1911 Act while preserving pending applications and existing patent renewal fees, and Sections 107-108 (added by a 2002 amendment) provide indemnity for good-faith acts and a power to remove difficulties.

This Ordinance has been amended multiple times, most substantially by the Patents (Amendment) Ordinance, 2002, and its contents page notes it is "Updated Till 22.8.2022," so further changes may exist since. Anyone relying on specific fee amounts, penalty figures, or procedural deadlines should verify them against the current official consolidated text.

Key topics

patents and intellectual propertyTRIPS/WTO compliancepatent examination and grantcompulsory licensingpatent infringement

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