1. What Is Foreign Patent Registration in Nepal?
Registering a foreign patent in Nepal allows individuals, firms, and companies that already hold a patent in another country to secure legal protection for that invention within Nepal. Foreign patent registration in Nepal is only available for patents that are already registered abroad an invention with no prior foreign registration cannot be filed in Nepal under an individual, firm, or company’s name.
The Department of Industry (DOI) is Nepal’s designated authority for registering trademarks, industrial designs, and patents, including foreign patent applications.
2. Step-by-Step Process to Register a Foreign Patent in Nepal
The foreign patent registration process in Nepal involves five key stages:
a. Application for the patent right: The applicant submits a formal application, in the prescribed format, along with the required fee to the DOI.
b. DOI investigation: The DOI examines the application to determine whether the invention is genuinely new and useful to the general public. As standard practice, the DOI may also request a presentation from the applicant about the proposed patent.
c. Registration and publication: If the DOI finds the patent qualifies for registration, it publishes the details for public notice.
d. Opposition period (35 days): Any third party who objects to the published patent may file a complaint with the DOI within 35 days of publication. The DOI investigates any objections received before taking action.
e. Certificate issuance: If no objections are received and the DOI confirms the invention is patentable, the applicant pays the registration fee and receives the official patent certificate.
3. Documents Required for Foreign Patent Registration in Nepal
To register a foreign patent in Nepal, applicants must submit the following documents along with the application:
- Completed application form
- Notarized Power of Attorney, signed by the applicant, sealed, and attested by two witnesses
- Notarized copy of the specification and claims describing the nature of the invention
- Notarized or certified copy of the filing receipt/application in English (required for priority claims)
- Notarized or certified copy of the home-country patent registration certificate, in English
4. How Long Does Patent Registration Take in Nepal?
Patent registration in Nepal moves slowly compared to many other jurisdictions. From the date a complete application (with all documents and fees) is submitted, it typically takes 10 months to 2 years and sometimes longer to receive the registration certificate.
5. Patent Term and Renewal Rules in Nepal
A registered patent in Nepal is valid for 7 years from its registration date. It can be renewed up to two times, with each renewal extending protection for another 7-year term.
- Standard renewal: Within 35 days of the term’s expiry date
- Grace period: An additional 6 months after expiry, subject to a late fee of NPR 1,000 (approximately USD 8)
- Cancellation risk: If the patent isn’t renewed within the grace period, the registration is automatically cancelled
6. Government Fees for Foreign Patent Registration in Nepal
The table below summarizes the official DOI government fees for patent-related services, per single patent:
S.N. | Description | Government fee (NPR) |
1. | Application fee
Application fee with Priority | 2000
2000
|
2. | Amendment in the application | 500 |
3. | Registration fee | 10000 |
4. | Transfer of ownership | 5000 |
5. | Record amendment and endorsement in | 2000 |
6. | Fees for the information of registration details | 750 |
7. | Fees for complain and objection | 1000 |
8. | Renewal fee for the first term | 5000 |
9. | Renewal fee for the second term | 75000 |
10. | Duplication of the registration certificate | 1000 |
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Frequently Asked Questions
No. Nepal only registers foreign patents that are already registered in the applicant’s home country. A patent with no prior foreign registration cannot be filed in Nepal under an individual, firm, or company’s name.
The Department of Industry (DOI) is the designated authority for registering trademarks, designs, and patents in Nepal, including foreign patents.
The process has five stages: submitting the application, DOI’s investigation into novelty and public usefulness, registration and publication for public notice, a 35-day opposition window, and finally issuance of the certificate once the registration fee is paid.
Third parties have 35 days from the date of publication to file an objection with the DOI. If a complaint is received, the DOI investigates before taking further action
Nepal’s patent registration process is relatively slow. It typically takes 10 months to 2 years sometimes longer from submission of a complete application to issuance of the certificate.
A patent is valid for 7 years from the date of registration. It can be renewed a maximum of two times, each renewal extending protection for another 7 years.