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Nepal

NEPAL PATENT LAW:

Nepal is member of Paris Convention and it is possible to file a patent application claiming convention priority in Nepal. The Conventional Application must be made within 12 months from the date of earliest priority. the Term of Patent is 7 years and which is further renewable for two successive terms of 7 years each. Therefore Nepal allows Patent term for 21 years.

Patent filing requirements in Nepal
1. Name, Address, Nationality of Applicant (s)/ Inventor (s)

2. Title of Invention

3. Notarized copy of complete specification including claims (in English).
 

An application form as well as Power of Attorney both requiring execution in presence of two witnesses must be filed. It can be filed after filing of Patent Application in Nepal. Where a conventional priority is claimed notarized/certified copy of Filing Receipt or application and Home Registration Certificate of patent, in English language must be filed.  

Patent Grant process in Nepal:

  1. Filing of  Patent Application (with or without conventional priority) and completion of formal requirements  
  2. Formal Examination to determine whether the application fulfils the necessary procedural and formal requirements
  3. Invitation for correction where necessary documents are missing or required correction.
  4. Substantive examination
  5. Notification as to reasons for refusal, if any
  6. Response to notification of refusal
  7. Acceptance of Patent Application
  8. Payment of Registration fee
  9. Issuance of Certificate of Patent
  10. Publication of Registered Patent (unless secrecy required for national interest)

 

NEPAL TRADEMARKS LAW:

Nepal is a member Paris Convention, therefore it is possible to file conventional Trademark Application in Nepal claiming conventional priority. The conventional Trademark Application must be filed within 6 months of filing the trademark application in convention country. Nepal is not a member to Madrid, therefore for securing a Trademark in Nepal it is necessary to file an Application locally before Nepali Trademark Registry. The Trademark Application can be filed in all 45 classes  (1-34 goods, 35-45 services) in Nepal. Nepal follows the International Classification of Goods and Services under the Nice Agreement (Ninth Edition). Multi class filing system is not allowed in Nepal. The term of registration is 7 (seven)  years and can be successively registered for each term of 7 (seven) years thereafter.

Trademark filing requirements in Nepal:

  1. Specimen of Trademark
  2. Full Name, Address, Status and Nationality of the applicant(s)
  3. International Class
  4. Description of goods or service for which the mark is to be registered
  5. The date of use of the Trademark in Nepal (if any)

The Application Form as well as duly executed Power of Attorney (executed in presence of two witnesses) has to be supplied.  It can be submitted after filing of Application. Where conventional priority is claimed,  the priority details including Application no.; country and date of filing must be supplied at the time of filing of Application. The certified copy of priority document to be filed within 2 months of filing conventional Application in Nepal. Where, the mark is in language, other than English, duly notarised English Translation/ Transliteration of mark must be supplied.

Trademark Registration process in Nepal

  1. Filing of Trademark Application
  2. Examination of Trademark Application
  3. Issuance of Examination report, if there are any preliminary objections
  4. Reply to examination report, if any
  5. Hearing (if Registrar is not satisfied with response)
  6. Acceptance of Application (if there are no preliminary objections or if reply is found satisfactory or if Registrar is convinced with submissions made during hearing)
  7. Publication of Trademark Application in the monthly Trade Marks Journal
  8. Opposition, if any can be filed within 90 days of publication of mark in Trade Marks Journal
  9. Issuance of Registration Certificate

 

NEPAL INDUSTRIAL DESIGN LAW:

Nepal is member of Paris convention, it is therefore possible to file conventional industrial design application in Nepal with conventional priority. The conventional Application must be made within six months of first making application in the convention country. The initial term of industrial design registration in Nepal is 5 years which can be further renewed for two successive terms of 5 years each.

Industrial Design filing requirements in Nepal:

(a)  Name, address, nationality of the Applicant(s)
(b)  Title of the Article

(c)  Notarised copy of various views of the Article (front, back top, side, bottom, including perspective views);

The Application Form as well as duly executed Power of Attorney (executed in presence of two witnesses) has to be supplied.  It can be submitted after filing of Application. Where conventional priority is claimed,  the priority details  including Application no.; country and date of filing must be supplied at the time of filing of Application. The certified copy of priority document must be supplied within 3 months of filing of Application