Mainstreaming IP Intellectual Property (IP) is critical for competitive economy in the back drop of ongoing globalization.

Sustainable economic growth now depends largely on Hi-tech R&D base and efficient knowledge input. The new concept of IP based nation is gaining ground because it is Intellectual Property which enables technology creation and technology transfer by providing the necessary enabling environment. For these considerations Intellectual Property was mainstreamed in Pakistan in 2005. IP was brought under the limelight of public policy by simultaneously establishing IPO-Pakistan, empowering the Federal Investigation Authority (FIA) and activating Pakistan Customs against IPR violations. The Government decision to establish IPO-Pakistan was particularly aimed at addressing the institutional shortcomings that were impeding the effective management of intellectual property in Pakistan. The other two parallel decisions were aimed at strengthening IPR enforcement in the country. It is by definition an exponential change. IP Situation before 2005 Before 2005, IP situation in Pakistan was being internationally perceived to be constantly deteriorating. Pakistan was being blamed for export of pirated optical discs to a number of countries of the world. The deepening deteriorating of IP situation was also considered within the country to be highly detrimental to the following:

Rapid growth mode of Pakistan economy; Enabling environment for investment attraction; Market access requirement of Pakistans export-led growth strategy; Fast track integration with global economy; Market expansion for genuine businesses in Pakistan; Consumer interest in terms of competitive quality and price; Countrys business image as a whole.

Out-of-the box Solution In order to redress the situation, Government of Pakistan found an out-of-the box solution for its IP problems and took the following three parallel decisions on the 8th April, 2005; namely:

Establishment of IPO-Pakistan as a focal organisation for integrated management of intellectual property and enforcement coordination; Empowerment of FIA (FIA stands for Federal Investigation Agency which is Pakistans elite force for control of white collar crime) to eliminate piracy by including the Copyrights Ordinance 1962 (as amended in 2000) in the FIA Act, 1974; Activation of Pakistan Customs to effectively interdict import and export of pirated optical discs etc.

Support Measures The Government of Pakistan supported the aforesaid three parallel decisions with the following additional measures, namely:

The Honorable Prime Minister of Pakistan placed the new organisation directly under his own supervision by attaching it with the Cabinet Division rather than any of the old Ministries, namely Ministry of Industries, Production and Special Initiatives, Ministry of Commerce and Ministry of Education which were previously supervising the patents Office, Trade Marks Registry and the Copyrights Office respectively; Private sector was effectively involved in the governance structure of IPO-Pakistan by public-private partnership in the IPO Policy Board. Chairmanship of IPO Policy Board was assigned to the Private Sector; Shortly after the inception of IPO-Pakistan, the Honorable Prime Minister of Pakistan met twice with the Chairman and the Director General of the new Organisation to set up an IP vision for the new Organisation and to exhibit, at the highest level, the immense political will which had actually gone into the making of IPO-Pakistan; The new Organisation was conceived to be fully autonomous with an independent IP Fund comprising the following, namely:o Fee Collection by IP Registries; o Government Grants; and o Foreign Grants and Donations. The status of the Director General IPO-Pakistan was upgraded to the rank of Federal Secretary which is the highest level in Pakistans civil administration; Sufficient funds were provided (Rs.113.00 million in 2005 against Rs.22.00 million in 2004) to meet the initial setting-up requirements of the new Organisation; and A small start-up team of IP literate and experienced officers was put in place to kick-start the new Organisation.

Governance Structure The IPO-Policy Board effectively symbolizes the spirit of Public-Private Partnership which, in fact, is the new paradigm of participative governance in Pakistan. It also combines the finest expertise of public administration and corporate management in the best national interest. The Deputy Chairman, Planning Commission and six Federal Secretaries of the stake-holding Ministries represent the Public Sector and eleven Members including the Chairman represent the Private Sector including top executives of the national and multinational companies in Pakistan. Chairman Policy Board is a distinguished and widely experienced professional from the Private Sector. The Director General is the Chief Executive Officer (CEO) of IPO-Pakistan and Secretary to the IPO Policy Board. He is also a Federal Secretary (BS-22) which is the highest position in the civil service. Thus the Government of Pakistan has invested its finest human capital in the governance structure of

IPO-Pakistan. IPO-Initiatives The new organisation has undertaken a number of organisational, administrative and functional initiatives to upgrade the institutional infrastructure; design a flat and lean service structure; provide attractive salary package and afford necessary capacity building opportunities in order to reform, restructure and reorganize the intellectual property management in Pakistan. IPO-Pakistans Enforcement Coordination Initiative has not only achieved effective linkages with the public sector enforcement authorities but also with the private sector investigation agencies engaged in detection of IP infringements. This coordination is deepening and expanding very fast. Once this initiative finds synergy, the market space for piracy and counterfeiting will start shrinking. The growth of these twin menaces has already been effectively arrested. Vision IPO-Pakistan has set for itself the following vision namely:To put Pakistan on the IP map of the world as a compliant and responsible country by promoting and protecting intellectual property rights. Mission The Mission Statement of IPO-Pakistan is as follows:Integrating and upgrading IP infrastructure for improved service delivery; increased public awareness and enhanced enforcement coordination for achieving the goal of being an IP based nation. Core Objectives IPO-Pakistan has set the following functions as its core objectives namely:

Integrating IP management; Improving service delivery; Increasing public awareness; and Enhancing enforcement coordination

Initial Priorities Being a new organisation, the initial priorities of IPO-Pakistan are as follows:-

Consolidation of its inheritance from the past; Putting in core capacities in the new organisation; and Achieving higher order professionalization;

Enforcement Achievements The establishment of IPO-Pakistan in April 2005 has been received well in Pakistan as well as abroad. In a very short period of time since April, 2005, the new organisation has been able to establish its HQ in Islamabad; achieve automation of the database of Trademarks Registry; recruit quality manpower for the patents Office and IPO HQ and provide attractive salary package to its new staff; achieve One Building Operation of the Regional Offices of IP Registries in Lahore and launch a well designed and well coordinated public awareness campaign in the country. However, its greatest success resides in its Enforcement Coordination Initiative with the following achievements namely:

Within the first month of IPO existence, FIA cracked down on the notorious piracy infrastructure to demonstrate Government of Pakistans administrative firmness behind its IP initiative; Pakistan Customs established Anti-Piracy Cells (APCs) at the countrys major international airports to institutionalize governments anti-piracy drive. This was only the second time in the history of Pakistan Customs after Anti-Narcotic Cells (ANCs) that antipiracy drive was institutionalized in the form of APCs; While FIA and Pakistan Customs were busy controlling the supply side of piracy, IPO launched a number of demand control initiatives to curb local demand for pirated optical disc.

Early Harvest These measures combined well and found synergy for effectively reaping an early harvest of IP achievements both internally and externally. Internally, the piracy infrastructure in the formal and organized sector has been shut down; the operators and owners are being proceeded against in the courts of law and availability of pirate products especially business software has started dwindling. The US Government has been the first to appreciate Pakistans enforcement measures with the following response, namely:

A four years old Petition of International Intellectual Property Alliance (IIPA) of America for withdrawal of GSP concessions on Pakistans exports to USA has been closed by the US Government; US Government has also removed Pakistan from the Priority Watch List; US Commerce Department has offered a three year facility under its Commercial Law Development Program (CLDP) for upgrading IP infrastructure in Pakistan; A number of IP friendly countries have expressed their keenness to develop long term partnership with IPO-Pakistan; WIPO and European Union are also massively supporting IPO-Pakistan in its formative years. In fact timely technical help has come from WIPO and robust

financial assistance of EU under EC-Pakistan TRTA Program is the principal support for IPO-Pakistan in its formative years. The external response to mainstreaming of IP in Pakistan has been encouraging. The International Federation of the Phonographic Industry (IFPI), UK-based international watchdog of global piracy has certified that export of pirated optical discs from Pakistans major international airports has completely dried up. IFPI was previously spearheading a relentless campaign against deterioration of IP situation in Pakistan through its quarterly Enforcement Bulletin Magazine. The Recording Industry Association of America (RIAA) has also deeply appreciated Pakistans IP achievements in the following words, namely; The US recording industry fully endorses the termination of this investigation. The efforts of the Pakistani Government under the remarkable leadership of Prime Minister (Honorable Mr. Shaukat Aziz) and the actions of the Federal Investigation Agency to address the rampant copyrights piracy that had been ravaging the country have been outstanding. As a result, pirate optical disc manufacturing operations have been shut down; the owners have been arrested and are awaiting trials. We congratulate Pakistan on its excellent efforts, and we commend USTR for terminating the investigation. Early this year, the US government sent a non-paper on IP enforcement in Pakistan with the following remarks;The United States Government wishes to inform that the United States appreciates the work that the Government of Pakistan, particularly the Federal Investigation Agency (FIA), Pakistan Customs, and the Intellectual Property Office (IPO), have done in enforcing intellectual property rights (IPRs) in Pakistan. The American Business Council (ABC) of Pakistan has reported after their annual Perception Survey that their Members hold a positive opinion about the business environment in Pakistan and remain optimistic about the available investment opportunities. The Chambers of Commerce and Industry located in various cities of Pakistan in which IPO-Pakistan has held IP Seminars under its Public Awareness and Outreach Program have invariably appreciated the IP related initiatives of the government and unequivocally supported the governments enforcement drive against piracy and counterfeiting. Model of Excellence IPO-Pakistan is now fast developing into a model of excellence in integrated management of IP Registries administering Patents, Trade Marks and Copyrights. Although the new Organisation is constantly on the run ever since its inception in April, 2005 to meet its

initial setting-up requirements, yet it has done reasonably well in achieving the following:Integration of IP Registries Getting three IP Registries in Karachi to work interdependently together after decades of independent and stand alone existence is quite an uphill task. The following measures have been taken for effective integration, namely:(i) Joint Committee of IP Registries A joint committee of Heads of IP Registries has been constituted in Karachi for consensual management of their common problems. The Committee meets regularly for finding corporate solutions to their organisational problems. (ii) One Building Operation Location of IP Registries is being consolidated in one building for operating a One Building Operation of IP registries for the convenience of dealing public. The objective has been achieved in Lahore where all IP Offices have been located in one building and placed under one senior officer for unity of command. Efforts are underway to locate all IP Registries of Karachi in the TMR Building after renovating, refurbishing and upgrading it into a full-fledged IP House. (iii) Automation Automation is critical for transformation of IP Registries into an accelerated service delivery mode. Business Process Re-engineering (BPR), formulation of Standard Operating Procedures (SOPs), automation and capacity building of the core staff constitute the fundamentals of IPO strategy to improve service delivery. Accordingly automation of data base of Trade Marks Registry has been completed. patents Registry has also initiated automation of patents data bases with the help of Electronic Government Directorate (EGD) and World Intellectual Property Organisation (WIPO), Geneva. Plans are in hand to convert Copyrights Registry from manual to automation mode at the earliest. The ultimate objective is to bring IP management online in Pakistan in the shortest possible time. EGD is preparing an overall automation plan for IPO-Pakistan. Public Awareness IP awareness in Pakistan is very low. In order to improve public awareness, IPO has launched a Public Outreach Program for linkaging and leveraging internal and external

constituencies i.e. Chambers of Commerce and Industry, business enterprises, R&D institutions, universities, academia and general public. World Trade Review, a fortnightly newspaper focused on WTO news is also regularly publishing IP news. Both Electronic Media and Print Media are being increasingly used for enhancing general public awareness in IP. Pakistan National Commission for UNESCO is providing financial support in organizing IP awareness Seminars in the country. IP Seminars in Chambers of Commerce and Industry Seminars Already Held

Karachi Peshawar Hyderabad Sialkot Faisalabad

Short Term Priorities Lahore Gujranwala Multan Chaman Quetta

Rawalpindi

Enforcement Coordination Enforcement coordination is being institutionalized and expanded by establishing Enforcement Committees in Islamabad, Karachi and Lahore. Its membership comprises the following stakeholders: Agency IPO CBR PEMRA FIA Police Customs Intelligence Law Division Designation Director General, IPO HQ, Islamabad Chief (Customs), CBR, Islamabad General Manager (Enforcement), Islamaabd Additional Director General Islamabad Additional SP, Islamabad Additional Director, Islamabad Deputy Draftsman, Law Division, Islamabad

Private Investigation Agencies and Citizen-Police Liaison Committees already existing in the major urban areas will also be brought into the enforcement loop. Enforcement Approach A top down gradual and selective approach based on special and differential treatment principle of WTO is being followed under which the developed regions like Karachi, Lahore and Islamabad of Pakistan have been prioritized for IPR enforcement. The less

developed areas of Pakistan will be focused later. Reform and Restructuring of IP Registries The existing organisational and administrative set-up of IP Registries requires extensive reform and restructuring. A nine tier flat and lean administrative setup has been put in place. IPO HQ in Islamabad is being organized on modern lines. The IP Registries and their Regional Offices will also be reformed and restructured accordingly. IPO-Pakistan, its Registries and Regional Offices are being reorganized on competitive lines to put in capacity for adequate response to convert the challenges of globalization in the 21st century into opportunities for Pakistan. This however needs a lot of capacity building, vision, foresight and patience. There is no dearth of political will and financial commitment on the part of Government of Pakistan. Lack of expertise and capacity problems constitute the most major challenges for IPO-Pakistan. Administrative Structure of IPO HQ S.NO (i) (ii) (iii) (iv) (v) S.NO (i) (ii) (iii) (iv) Designations of IPO Management Director General Executive Directors Directors Deputy Directors Assistant Directors Designations of IPO Support Staffl PS/Protocol Officer Senior IT Staff Junior IT Staff Driver/DR etc. Scale IPM-I IPM-II IPM-III IPM-IV IPM-V IPS-I IPS-II IPS-III IPS-IV

Staff Position of IPO-Pakistan IPO Sanctioned Staff Strength IPO HQ: Officers Support Staff Total Registries: Officers Support Staff 46 29 ____ 75 63 148 ____

Total Breakup: Officers Support Staff Grand Total Revenue Streams

211 109 177 ____ 286

The Government of Pakistan has created an IP Fund for IPO-Pakistan which comprises the following:

Fee collection by IP Registries Government Grants; and International Donations. Table1. Fee Collection by IP Registries (Actual and Projected)

Expenditure Budget The expenditure of IPO Pakistan will continue exceeding its income for the first two years during which IPO-Pakistan will financially stabilize itself by:

Increasing volume of Applications; and Readjusting the Fee structure.

Table2. Expenditure Budget (Actual and Projected)

Government of Pakistan actually provided Rs.113.00 Million as expenditure budget for 2005-06 which could not be fully spent because of shortage of staff and procedural delays. Higher commitment for the current financial year (2005-06) is on account of initial investment needs of the new Organisation. Conclusion IP is not an end in itself. It is a means towards an end. The end is sustaining and strengthening the ongoing high growth mode of the national economy and to ultimately achieve the goal of being an IP efficient society and an IP based nation. Therefore, strong IP regime is a paramount national imperative for achieving the objective of competitive economy based on:

Technology Creation; Technology Transfer; and Creativity Promotion.

IP Creation and Protection Cycle

Trade Marks Registry:

Trade Marks Registry (TMR) is premier body of Intellectual Property Organisation of Pakistan (IPOPakistan) working for the registration of trade and services marks under the Trade Marks Ordinance, 2001. It is a federal government body and its jurisdiction for trade and services marks lies within the geographical boundary of Pakistan. It works as a civil court and its decisions are appealable at the provincial high courts. The Trade Marks Registry is headed by a Registrar and its office is located in Karachi. Functions: With the promulgation of Trade Marks Ordinance, 2001, the Trade Marks Registry has acquired a new role of creating mass awareness about the importance of Intellectual Property Rights. In addition to its traditional role of registering trade marks, it has started persuading entrepreneurs to seek protection of their trade and services marks so that they could establish their business on fair practices. In this connection, a separate help line with efficient officials has been maintained at the office of TMR. TMR has also maintained library with relevant books. Data Digitization Section (Index Section) After receiving applications for the registration of trade and service marks, this section converts the information of the application into a digitalize form and issues an acknowledgement. It also carries out minor typographical rectifications with the consent of the applicant.

1. Examination Sections (Eight) Owing to a huge number of applications received, this section is divided into eight sub-sections. Each sub-section has been allocated specified number of classes of goods and services for examination. These sub-sections examine trade and service marks application in the light of Trade Marks Ordinance, 2001. Any contravention found in the application is conveyed to the applicant with the request to make it compliant with the Ordinance. The subsequent amendment in the application is made through TM-16 with specified amount of fee. If the application does not contravene the Ordinance, it is accepted by the Registrar and is sent to the Journal section.

2. Journal Section The TMR has maintained this section for the publication of its monthly magazine, Trade Marks Journal. Accepted applications are published by the section in the Journal. The Section advertises all accepted applications in the Trade Mark Journal for public awareness as well as to invite opposition, by aggrieved parties before the final registration of a mark.

3. Opposition Section Opposition Section deals with oppositions filed against a trade mark published in its Journal. A time period of two months is given for the receipt of opposition to a mark, if any. The oppositions are received in a prescribed TM-5 form with a specified fee. In face of no opposition, the mark is recommended for registration.

4. Registration Section After the acceptance of mark for registration, this section informs the applicant/representative to submit a prescribed fee to get the registration certificate. After fee a registration certificate is issued for 10 years duration. If the applicant fails to submit the fee, a reminder is given to do the same. However if the registration fee is not submitted, the application is considered as abandoned by the Registrar Trade Marks Registry.

5. Post Registration Section After the registration of a mark, all subsequent changes, amendments, transactions and related matters are looked after by the Post Registration Section.

6. Renewal Section

A registered trade marks is valid for a time period of 10 years. Afterwards, it need to be renewed for another 10 years. This section looks after the matters of renewal of marks. After receiving a prescribed fee on TM-12, Renewal Section issues a Renewal Certificate for another 10 years time period.

7. Record Section To maintain a thorough inventory and the safe record of files the trade marks registry has maintained a record section.

8. Legal Section This section handles all the Legal matters due in the court including appeals vis--vis the decision of the Registrar Trade Marks Registry.

9. Administration/ HR / Accounts Section. The internal matters of the trade marks registry including human resource management, office infrastructure and office accounts are looked after by this section.

10. IT Section Automation, IT support, and maintenance of IT infrastructure of Trade Marks Registry are taken care of by this section.

Patents: Introduction

Home Patents Introduction

The patents office was an attached department of Ministry of Industries & Production established in 1948 under the provision of section 55 of the Patents & Designs Act. 1911(the Act is amended as Patents Ordinance 2002 & Designs Ordinance, 2000). The law of registration of Layout Designs of Integrated Circuits has also been promulgated as Registered Layout-Designs of Integrated Circuits Ordinance, 2000. The Patents Office currently is a part of IPO Pakistan (Intellectual Property Organisation) under Cabinet Division.

Functions:

The Patents Office is an integral part of the progress of the country and of the development of its technological, material resources and it also:
1. Administers the Patents Ordinance, 2000, Designs Ordinance, 2000 and Layout-Designs of Integrated Circuits Ordinance, 2000. 2. 3. 4. Grant the Patents to the new and novel inventions. Register the new and novel Designs of an article. Provide a sound legal and administrative framework for the promotion and protection of intellectual property. 5. 6. 7. 8. 9. Formulate and review intellectual property policies and legislation. Represent the government internationally on intellectual property matters. Collaborate with other organisations and intellectual property offices or programmes. To encourage research and inventions. To disclose new technological discoveries.

10. To disseminate technical information & know-how. 11. Endeavours to promote new inventions. 12. To foster and aid industrial development in Pakistan. What is a Patent? Should Inventions be patented? Patentable Inventions In Pakistan UnPatentable Inventions In Pakistan Who may apply for patents? How to obtain patents

1.

What is a Patent?

A patent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent.

A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit.

2.

What is patenting system?

The basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial techniques should be improved. In order to encourage improvement and to encourage also the disclosure of improvements in preference to their use in secret. Any person devising any improvement in a manufactured article or in machinery or methods for making it, may upon disclosure of his improvement at the Patent Office demand to be given a monopoly in the use of it for a limited period. After that period, it passes into the public domain.

3.

What rights does a patent owner have?

A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected.

The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.

Once a patent expires, the protection ends, and invention enters the public domain, that is, the owner no longer holds exclusive right to the invention, which becomes available to commercial exploitation by others.

4.

Should Inventions be patented?

Any person who makes an invention may deal with it in any of the following ways: a. b. c. d. he may broadcast the invention for free use by the public or he may work the invention in secrecy without patenting it ; or he may work the invention openly without patenting it; or he may exploit the invention on the basis of patents.

The merits and demerits of dealing with an invention in the above ways are briefly

mentioned below: * Broadcasting

There are many inventors to whom the idea of enjoying a monopoly for their inventions is repugnant, and who, therefore, broadcast their ideas, in the hope that by doing so they would confer the benefit of their inventions on the largest possible section of the public. These inventors, however, overlook the fact that their inventions would not come into wide use unless they are developed for manufacture on a mass-production scale, and that the necessary capital for large-scale manufactures would not be forthcoming unless the manufacturers are assured of protection against competition. Experience has shown that inventions, which are, broadcast for free use by the public seldom come into use, and that a patent, judiciously used, would induce manufacturers to take up the working of the invention on a commercial scale.
* Secret-working

A large section of inventors desire to enjoy an exclusive right for the use of their inventions, and a question, which generally confronts such inventors, is whether they should do so by working their inventions in secrecy, or by protecting them by patents. Secrecy would enable an inventor to enjoy the exclusive right for the use of his invention, so long as he succeeds in keeping in secret; but, if the secret leaks out, he would not be able to prevent others from using his invention, even competitively against himself. Experience has brought home to inventors the fact that under modern conditions, it is extremely difficult to work useful inventions in secrecy, and that unless the inventions are patented, they would be obliged to face competition within a short period of working their inventions for profit.
* Open-working

Open working of the invention would expose the inventor to the same risks as those involved in secret-working, but sooner than secret-working.

* Patenting

As against the disadvantages associated with the working of an unpatented invention either secretly or openly, or with the mere publication of the invention for free use by the public, the method of exploiting the invention by patenting it, has the following distinct advantages:-

A patentees right to the exclusive use of his invention would not be prejudiced by the fact that his invention is made known to others. The said exclusive right could be enforced legally. The protection enjoyed under the patents would enable the patentee to raise capital for working the invention on a commercial scale. If the patentee were not himself in a position to work the invention commercially, he would be able to make a profitable use of the invention by selling his patent, or by granting licenses to others permitting the use of his invention. Even where the inventor does not desire to earn profits by the use of his invention, a patent would enable him grant licenses judiciously, so as to secure on the one hand, sufficient inducement to manufacturers to take up the working of the invention, and on the other hand, to confer the benefit of his invention on the largest possible section of the public. A patent would enable the invention to establish an official record of his inventorship. Hence, for the standpoint of the inventor as well as of the public it is distinctly advantageous to adapt a policy of protecting inventions by patents, instead of working them in secrecy, or working them openly or broadcasting them without protection.

Patentable Inventions In Pakistan

In order to be patentable an invention should have the following characteristics:-

(i) The invention is new. (ii) It involves an inventive step. (iii) It is capable of industrial application. (iv) It should not be contrary to law or morality.

Under the Patents Ordinance and Rules, the Patents Office is however chiefly concerned with

(i) and (ii) and (iv) only. These characteristics are briefly explained below.
* Manner Of Manufacture

An invention in order to be patentable must relate to a new and useful manner of manufacture. The expression manner of manufacture has received a special signification in relation to Patents Law as a result of judicial interpretation of the term. In order to decide whether in a particular case the invention sought to be patented is a manner of manufacture within the meaning of the definition one has often to apply certain tests or principles laid down by courts. The most common of these tests is what is called the vendibility test. Accordingly, it is essential that the process, apparatus or articles of manufacture should suggest an act to be done or an operation to be performed, and that the result must be a vendible product. Mere abstract principles, plants, arrangements, designs, or schemes which may be of a high order from the standpoint of originality or utility-which do not involve the subjecting of materials to manual or mechanical other operations, and which do not relate to the making of vendible products, are not considered to be within the scope of this expression. Examples of what constitutes a manner of manufacture are textile machines, power plants, agricultural implements, domestic appliances, synthetic products, foodstuffs, dyes, chemicals, toilet preparations, processes and devices for making the same, and an agricultural process, such as the rotation of crops or horticultured process, such as the rotation of crops or horticultural process, such as treatment of plants or flowers.
* Novelty

For the purpose of patents in Pakistan, novelty is no more considered with reference to what is publicly known in the territories of Pakistan and what is publicly used in the territories of Pakistan, prior to the date of the patent application. The Public use or knowledge of an invention any where in the world before the date of the application would prejudice the novelty of the invention. Applicants for patents should therefore, take particular care to see that their inventions are not publicly used any where in the world, prior to the date of their patent applications. Publication of the invention should, therefore, be avoided before applying for Patents. Patent rights were denied to an inventor of an improved design of ball-point, pen, merely on the ground that the inventor himself had published a description of making a ball point pens and had made two pens embodying the invention available to the members of the public,

before filling the patent application. A new method of producing nylon with evenly distributed carbon black content was not granted patent of the prior publication the information was disclosed through bulletins to the members of the public by the applicants salesman. The public use or knowledge of publication of an invention even out side Pakistan would prejudice the novelty of an invention.
* Inventive Step

To be new in the patent sense, the novelty must show invention. It is not enough that the purpose is new or that there is novelty in the application, so that the article produced is in that sense new. There must be novelty in the mode of application. By that, it means that in adopting the old contrivance to the new purpose, there must be difficulties to overcome, requiring what is called invention, or there must be sonic ingenuity in making the adoption. In order to be patentable, the new subject must involve invention over what is old. A patent for new use of a known contrivance, without any additional ingenuity in overcoming fresh difficulties is not an invention. If the new use involves no ingenuity, but is in manner and purpose is analogous to the old use, although not quite the same there is no invention. On the other hand a patent for a new use of a known contrivance is good and can be supported if the new use involves practical difficulties which the patentee has been the first to see and overcome by some ingenuity of his own. Invention, therefore, is to find out or discover something not found or discovered before. It is not necessary that the invention should be anything complicated. The essential thing is that the inventor is the first one to adopt it. Every simple invention so far as it is something new would be an invention.
* Industrial Application

Industrial application is defined to include capability of the invention to be used in any kind of industry. The law emphasizes that the industry shall be understood in its broadest sense. It covers in particular agriculture handicraft fishery and services. The law clarifies that a product consisting of a substance or composition shall not be prevented from being treated as capable of industrial application merely because it was invented for use in such a method.
* Utility

No valid patent can be granted for an invention devoid of utility. Utility does not mean abstract utility or comparative utility, or competitive utility, or commercial utility. Utility means having practical existence as a manner of manufacture. If what is proposed by the invention is giving an option of a process or an apparatus, which is better in some respects though not necessarily better in every respect, than what is previously known, the invention will be deemed to possess utility.
* Law Or Morality

A patent for an invention will be refused, if, in the opinion of the Controller, its use would be contrary to law or morality. Thus, an apparatus for gambling, or an appliance for burgling houses or a method of adulterating food would be regarded as an invention contrary to law or morality, and would not be a proper subject-matter for a patent.

o o o o o o o o o o o o o o o o o o o o

UnPatentable Inventions In Pakistan

Discoveries of Laws of nature. A productions. Method or producing sound. Computer Programs (Software). Perpetual motion machines. a method of writing music. A fancy name for an article. A trade mark. The discovery of new properties of known substance. A system of alphabet. Chemical & Pharmaceutical product (till 2004). A system of shorthand. Literary, dramatic, musical and artistic works. Doctors prescriptions and Patent Medicines. A system of indexing. Mere charts, diagrams, or printed sheets. A surgical operation. Articles harmful to public heath & their prosperity. Treatment of human beings, animals, flowers & plants. Purely scientific & mathematical formulas & principles.

2.

Who may apply for a patent?

* Master And Servant 1. In the absence of any specific agreement between an employer and an employee, relating to inventions, the question of ownership of any invention made by an employee would be decided in each case according to the facts of that particular case, but precedents indicate that: a. If the invention is concerned with an art wholly outside the scope of the employers business, then the employer has no right to it. b. If the invention is concerned with an art connected with the employers business and even with the employees employment, yet if to make such invention is outside the scope of the employees proper work, then the invention does not belong to the employer. c. If the invention is concerned with matters within the scope of the employees proper work, then, the property on the invention belongs to the employer, and it is immaterial whether the invention was made in the employers time or in that of the employee. d. An invention made during a former employment and within the scope of such employment but developed subsequently may, in certain circumstances, be held to be the property of the former employer. No one, however, can be restrained from using general experience and general knowledge honestly acquired during a previous employment.

2. Unless the employer has suggested the broad idea that results in the invention, his status; as employer does not entitle him to be regarded as the inventor, and suggestions which he might make should be credited to the employee-inventor.
* Government Servants

Subject to any special conditions of service or to any special orders applicable to the persons employed in any particular department, all Government servants are at liberty to apply for a patent direct to the Patent Office.

Government servants employed in the Defense Services, in the Pakistan Navy and in the Pakistan Air Force should not apply for patents except in the manner laid

down in the Special Regulations applicable to them. Government servant; employed on Scientific or Technical Research should not apply for patents or cause or permit any other person to apply for or obtain a patent for an invention made by such Government servants, save with the permission of the Government and in accordance with such conditions as the. Government may impose, Restrictions similar to those at (c) above are applicable to Railway servants.

* Secrecy of certain inventions or Directions for Secrecy

There is a special provision for securing secrecy in relation to inventions whose publication might be prejudicial to the defense of the realm. The Federal Government may notify to the Controller lasses of invention relevant to defense, and if any invention is considered by the Controller to fall within such a class he may give directions for prohibiting or restricting the publication of information with respect to the invention, or the communication of such information to any person or class of persons specified in the directions, and while such directions are in force, although the application may proceed up to acceptance the acceptance will not be advertised nor followed by publication. Applications the subject of directions must be periodically inspected by the Department concerned to see whether the restrictions may now be lifted: if they are lifted the application may then proceed further. Where such a secret application is accepted, then if any use of the invention is made by or on behalf or to the order of the Federal Government the provisions as to compulsory Licenses, Licenses of Right, Exploiting of Patents apply as if a patent had been granted. Where a direction for secrecy causes hardship to the applicant the Federal Government may make an ex-gratia payment of compensation.
* Applicant's Status

An application for an ordinary patent may be made by any person (person includes a company or corporate body, a firm or a partnership) whether alone or jointly with any other person.

An application for a patent which claims a priority date may be made by the person who has made the application on which the claim to priority is based, or his legal representative, or his assignee, either alone or jointly with any other person.

An application for a patent of addition may be made only by the applicant for the original patent to which it is an addition, if the application for the original patent is

pending; or by the registered proprietor of such original patent, if it has been granted.

How to obtain a patent?

* Varieties of Patents

Four kinds of Patents are granted under the Patents Ordinance. They are i. patent. ii. A black/mail box application relating to chemical products intended for use in agriculture and medicines. The application will be kept dormant until 31St December 2004. iii. A patent claiming Priority, which is dated as of the official date of the corresponding application for patent first made in a country which is the member of WTO (World Trade Organisation). iv. A patent of addition, for improvement or modification of an invention for which a patent has already been applied for or granted.
* Outline of the Procedure

An ordinary patent, which is dated as of the official date of the application for the

The following are the successive steps of the procedure for obtaining a patent Filing the Application, accompanied by either a Provisional or a Complete Specification. Filing the Complete Specification, if the Specification filed with the Application was a Provisional Specification. Examination and Acceptance of application by the Patent Office. Overcoming Opposition, if any, to the grant of patent. Sealing the patent.

Applicants should take care to see: a. that the application is accompanied by the prescribed fee, and

b.

that the specification filed with the application contains a reasonable description of the

invention.

Patents: Introduction

Home Patents Introduction

The patents office was an attached department of Ministry of Industries & Production established in 1948 under the provision of section 55 of the Patents & Designs Act. 1911(the Act is amended as Patents Ordinance 2002 & Designs Ordinance, 2000). The law of registration of Layout Designs of Integrated Circuits has also been promulgated as Registered Layout-Designs of Integrated Circuits Ordinance, 2000. The Patents Office currently is a part of IPO Pakistan (Intellectual Property Organisation) under Cabinet Division.

Functions:

The Patents Office is an integral part of the progress of the country and of the development of its technological, material resources and it also:
1. Administers the Patents Ordinance, 2000, Designs Ordinance, 2000 and Layout-Designs of Integrated Circuits Ordinance, 2000. 2. 3. 4. Grant the Patents to the new and novel inventions. Register the new and novel Designs of an article. Provide a sound legal and administrative framework for the promotion and protection of intellectual property. 5. 6. 7. 8. 9. Formulate and review intellectual property policies and legislation. Represent the government internationally on intellectual property matters. Collaborate with other organisations and intellectual property offices or programmes. To encourage research and inventions. To disclose new technological discoveries.

10. To disseminate technical information & know-how. 11. Endeavours to promote new inventions. 12. To foster and aid industrial development in Pakistan. What is a Patent? Should Inventions be patented?

Patentable Inventions In Pakistan UnPatentable Inventions In Pakistan Who may apply for patents? How to obtain patents

1.

What is a Patent?

A patent for an invention is grant of exclusive rights to make, use and sell the invention for a limited period of 20 years. The patent grant excludes others from making, using, or selling the invention. Patent protection does not start until the actual grant of a patent.

A patent cannot be obtained on a mere idea or suggestion. Patent applications are examined for both technical and legal merit.

2.

What is patenting system?

The basic theory of the patent system is simple and reasonable. It is desirable in the public interest that industrial techniques should be improved. In order to encourage improvement and to encourage also the disclosure of improvements in preference to their use in secret. Any person devising any improvement in a manufactured article or in machinery or methods for making it, may upon disclosure of his improvement at the Patent Office demand to be given a monopoly in the use of it for a limited period. After that period, it passes into the public domain.

3.

What rights does a patent owner have?

A patent owner has the right to decide who may or may not use the patented invention for the period in which the invention is protected.

The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.

Once a patent expires, the protection ends, and invention enters the public domain, that is, the owner no longer holds exclusive right to the invention, which becomes available to commercial exploitation by others.

4.

Should Inventions be patented?

Any person who makes an invention may deal with it in any of the following ways: a. b. he may broadcast the invention for free use by the public or he may work the invention in secrecy without patenting it ; or

c. d.

he may work the invention openly without patenting it; or he may exploit the invention on the basis of patents.

The merits and demerits of dealing with an invention in the above ways are briefly mentioned below: * Broadcasting

There are many inventors to whom the idea of enjoying a monopoly for their inventions is repugnant, and who, therefore, broadcast their ideas, in the hope that by doing so they would confer the benefit of their inventions on the largest possible section of the public. These inventors, however, overlook the fact that their inventions would not come into wide use unless they are developed for manufacture on a mass-production scale, and that the necessary capital for large-scale manufactures would not be forthcoming unless the manufacturers are assured of protection against competition. Experience has shown that inventions, which are, broadcast for free use by the public seldom come into use, and that a patent, judiciously used, would induce manufacturers to take up the working of the invention on a commercial scale.
* Secret-working

A large section of inventors desire to enjoy an exclusive right for the use of their inventions, and a question, which generally confronts such inventors, is whether they should do so by working their inventions in secrecy, or by protecting them by patents. Secrecy would enable an inventor to enjoy the exclusive right for the use of his invention, so long as he succeeds in keeping in secret; but, if the secret leaks out, he would not be able to prevent others from using his invention, even competitively against himself. Experience has brought home to inventors the fact that under modern conditions, it is extremely difficult to work useful inventions in secrecy, and that unless the inventions are patented, they would be obliged to face competition within a short period of working their inventions for profit.
* Open-working

Open working of the invention would expose the inventor to the same risks as those involved in secret-working, but sooner than secret-working.

* Patenting

As against the disadvantages associated with the working of an unpatented invention either secretly or openly, or with the mere publication of the invention for free use by the public, the method of exploiting the invention by patenting it, has the following distinct advantages:-

A patentees right to the exclusive use of his invention would not be prejudiced by the fact that his invention is made known to others. The said exclusive right could be enforced legally. The protection enjoyed under the patents would enable the patentee to raise capital for working the invention on a commercial scale. If the patentee were not himself in a position to work the invention commercially, he would be able to make a profitable use of the invention by selling his patent, or by granting licenses to others permitting the use of his invention. Even where the inventor does not desire to earn profits by the use of his invention, a patent would enable him grant licenses judiciously, so as to secure on the one hand, sufficient inducement to manufacturers to take up the working of the invention, and on the other hand, to confer the benefit of his invention on the largest possible section of the public. A patent would enable the invention to establish an official record of his inventorship. Hence, for the standpoint of the inventor as well as of the public it is distinctly advantageous to adapt a policy of protecting inventions by patents, instead of working them in secrecy, or working them openly or broadcasting them without protection.

Patentable Inventions In Pakistan

In order to be patentable an invention should have the following characteristics:-

(i) The invention is new. (ii) It involves an inventive step. (iii) It is capable of industrial application.

(iv) It should not be contrary to law or morality.

Under the Patents Ordinance and Rules, the Patents Office is however chiefly concerned with (i) and (ii) and (iv) only. These characteristics are briefly explained below.
* Manner Of Manufacture

An invention in order to be patentable must relate to a new and useful manner of manufacture. The expression manner of manufacture has received a special signification in relation to Patents Law as a result of judicial interpretation of the term. In order to decide whether in a particular case the invention sought to be patented is a manner of manufacture within the meaning of the definition one has often to apply certain tests or principles laid down by courts. The most common of these tests is what is called the vendibility test. Accordingly, it is essential that the process, apparatus or articles of manufacture should suggest an act to be done or an operation to be performed, and that the result must be a vendible product. Mere abstract principles, plants, arrangements, designs, or schemes which may be of a high order from the standpoint of originality or utility-which do not involve the subjecting of materials to manual or mechanical other operations, and which do not relate to the making of vendible products, are not considered to be within the scope of this expression. Examples of what constitutes a manner of manufacture are textile machines, power plants, agricultural implements, domestic appliances, synthetic products, foodstuffs, dyes, chemicals, toilet preparations, processes and devices for making the same, and an agricultural process, such as the rotation of crops or horticultured process, such as the rotation of crops or horticultural process, such as treatment of plants or flowers.
* Novelty

For the purpose of patents in Pakistan, novelty is no more considered with reference to what is publicly known in the territories of Pakistan and what is publicly used in the territories of Pakistan, prior to the date of the patent application. The Public use or knowledge of an invention any where in the world before the date of the application would prejudice the novelty of the invention. Applicants for patents should therefore, take particular care to see that their inventions are not publicly used any where in the world, prior to the date of their patent applications. Publication of the invention should, therefore, be avoided before applying for Patents.

Patent rights were denied to an inventor of an improved design of ball-point, pen, merely on the ground that the inventor himself had published a description of making a ball point pens and had made two pens embodying the invention available to the members of the public, before filling the patent application. A new method of producing nylon with evenly distributed carbon black content was not granted patent of the prior publication the information was disclosed through bulletins to the members of the public by the applicants salesman. The public use or knowledge of publication of an invention even out side Pakistan would prejudice the novelty of an invention.
* Inventive Step

To be new in the patent sense, the novelty must show invention. It is not enough that the purpose is new or that there is novelty in the application, so that the article produced is in that sense new. There must be novelty in the mode of application. By that, it means that in adopting the old contrivance to the new purpose, there must be difficulties to overcome, requiring what is called invention, or there must be sonic ingenuity in making the adoption. In order to be patentable, the new subject must involve invention over what is old. A patent for new use of a known contrivance, without any additional ingenuity in overcoming fresh difficulties is not an invention. If the new use involves no ingenuity, but is in manner and purpose is analogous to the old use, although not quite the same there is no invention. On the other hand a patent for a new use of a known contrivance is good and can be supported if the new use involves practical difficulties which the patentee has been the first to see and overcome by some ingenuity of his own. Invention, therefore, is to find out or discover something not found or discovered before. It is not necessary that the invention should be anything complicated. The essential thing is that the inventor is the first one to adopt it. Every simple invention so far as it is something new would be an invention.
* Industrial Application

Industrial application is defined to include capability of the invention to be used in any kind of industry. The law emphasizes that the industry shall be understood in its broadest sense. It covers in particular agriculture handicraft fishery and services. The law clarifies that a product consisting of a substance or composition shall not be prevented from being treated as capable of industrial application merely because it was invented for use in such a

method.
* Utility

No valid patent can be granted for an invention devoid of utility. Utility does not mean abstract utility or comparative utility, or competitive utility, or commercial utility. Utility means having practical existence as a manner of manufacture. If what is proposed by the invention is giving an option of a process or an apparatus, which is better in some respects though not necessarily better in every respect, than what is previously known, the invention will be deemed to possess utility.
* Law Or Morality

A patent for an invention will be refused, if, in the opinion of the Controller, its use would be contrary to law or morality. Thus, an apparatus for gambling, or an appliance for burgling houses or a method of adulterating food would be regarded as an invention contrary to law or morality, and would not be a proper subject-matter for a patent.

o o o o o o o o o o o o o o o o

UnPatentable Inventions In Pakistan

Discoveries of Laws of nature. A productions. Method or producing sound. Computer Programs (Software). Perpetual motion machines. a method of writing music. A fancy name for an article. A trade mark. The discovery of new properties of known substance. A system of alphabet. Chemical & Pharmaceutical product (till 2004). A system of shorthand. Literary, dramatic, musical and artistic works. Doctors prescriptions and Patent Medicines. A system of indexing. Mere charts, diagrams, or printed sheets.

o o o o

A surgical operation. Articles harmful to public heath & their prosperity. Treatment of human beings, animals, flowers & plants. Purely scientific & mathematical formulas & principles.

2.

Who may apply for a patent?

* Master And Servant 1. In the absence of any specific agreement between an employer and an employee, relating to inventions, the question of ownership of any invention made by an employee would be decided in each case according to the facts of that particular case, but precedents indicate that: a. If the invention is concerned with an art wholly outside the scope of the employers business, then the employer has no right to it. b. If the invention is concerned with an art connected with the employers business and even with the employees employment, yet if to make such invention is outside the scope of the employees proper work, then the invention does not belong to the employer. c. If the invention is concerned with matters within the scope of the employees proper work, then, the property on the invention belongs to the employer, and it is immaterial whether the invention was made in the employers time or in that of the employee. d. An invention made during a former employment and within the scope of such employment but developed subsequently may, in certain circumstances, be held to be the property of the former employer. No one, however, can be restrained from using general experience and general knowledge honestly acquired during a previous employment.

2. Unless the employer has suggested the broad idea that results in the invention, his status; as employer does not entitle him to be regarded as the inventor, and suggestions which he might make should be credited to the employee-inventor.
* Government Servants

Subject to any special conditions of service or to any special orders applicable to

the persons employed in any particular department, all Government servants are at liberty to apply for a patent direct to the Patent Office. Government servants employed in the Defense Services, in the Pakistan Navy and in the Pakistan Air Force should not apply for patents except in the manner laid down in the Special Regulations applicable to them. Government servant; employed on Scientific or Technical Research should not apply for patents or cause or permit any other person to apply for or obtain a patent for an invention made by such Government servants, save with the permission of the Government and in accordance with such conditions as the. Government may impose, Restrictions similar to those at (c) above are applicable to Railway servants.

* Secrecy of certain inventions or Directions for Secrecy

There is a special provision for securing secrecy in relation to inventions whose publication might be prejudicial to the defense of the realm. The Federal Government may notify to the Controller lasses of invention relevant to defense, and if any invention is considered by the Controller to fall within such a class he may give directions for prohibiting or restricting the publication of information with respect to the invention, or the communication of such information to any person or class of persons specified in the directions, and while such directions are in force, although the application may proceed up to acceptance the acceptance will not be advertised nor followed by publication. Applications the subject of directions must be periodically inspected by the Department concerned to see whether the restrictions may now be lifted: if they are lifted the application may then proceed further. Where such a secret application is accepted, then if any use of the invention is made by or on behalf or to the order of the Federal Government the provisions as to compulsory Licenses, Licenses of Right, Exploiting of Patents apply as if a patent had been granted. Where a direction for secrecy causes hardship to the applicant the Federal Government may make an ex-gratia payment of compensation.
* Applicant's Status

An application for an ordinary patent may be made by any person (person includes a company or corporate body, a firm or a partnership) whether alone or jointly with any other person.

An application for a patent which claims a priority date may be made by the person who has made the application on which the claim to priority is based, or his legal representative, or his assignee, either alone or jointly with any other person.

An application for a patent of addition may be made only by the applicant for the original patent to which it is an addition, if the application for the original patent is pending; or by the registered proprietor of such original patent, if it has been granted.

How to obtain a patent?

* Varieties of Patents

Four kinds of Patents are granted under the Patents Ordinance. They are i. patent. ii. A black/mail box application relating to chemical products intended for use in agriculture and medicines. The application will be kept dormant until 31St December 2004. iii. A patent claiming Priority, which is dated as of the official date of the corresponding application for patent first made in a country which is the member of WTO (World Trade Organisation). iv. A patent of addition, for improvement or modification of an invention for which a patent has already been applied for or granted.
* Outline of the Procedure

An ordinary patent, which is dated as of the official date of the application for the

The following are the successive steps of the procedure for obtaining a patent Filing the Application, accompanied by either a Provisional or a Complete Specification. Filing the Complete Specification, if the Specification filed with the Application was a Provisional Specification. Examination and Acceptance of application by the Patent Office. Overcoming Opposition, if any, to the grant of patent. Sealing the patent.

Applicants should take care to see: a. b. that the application is accompanied by the prescribed fee, and that the specification filed with the application contains a reasonable description of the

invention.