Patent & Design Law & Lawyers in Pakistan

Patent & Design Law

Here you may find information as to patent & design law in Pakistan. Our dedicated team of professional experts best assists their clietns as to understanding the patent and design law in Pakistan. Increasing competition and global commerce have changed the way patents are approached and managed. Today, it is essential to have an intellectual property strategy that includes maximizing the potential value of a company's patents as well as reducing unnecessary costs and risks.

ZA-LLP is largest among all IP firms in Pakistan in the number of patents filed. The firm has filed patents with the Patent and Trademark Office in a wide range of disciplines including Information technology, Biotechnology / Life sciences, Chemicals, Manufacturing and Electronics etc. While obtaining patents is essential, it is only one step in developing a patent portfolio that offers the necessary protection, as well as optimizes marketability. Clients of ZA-LLP benefit from constant reviews of patent use, competitor actions and market trends. The firm establishes and manages portfolios of Pakistani and foreign patents for large corporations and large enterprises as well.


What is a patent?

A patent is a right of exclusion granted by a government to the inventor of an article, device, substance, process or method which is new, inventive and useful in return for its development and disclosure to the public.

What rights does a patent provided?

Patents provide the inventor with the right to exclude others from exploiting the invention for the life of the patent, which is generally up 20 years from filing.

What can be patented?

Virtually any new and useful advance can be patented, for example mechanical devices, electric circuits, chemical compounds, genetically altered life forms and the application of computer software and algorithms. Business methods and manufacturing process can also be patented, especially if they involve computers and information technology. The advance doesn't need to be a major breakthrough - a small improvement or variation may be patentable. It is necessary, however, for there to be an inventive step, i.e. the improvement can't be considered obvious to a skilled worker in the relevant filed.

What can't be patented?

Generally, items such as plans, schemes, artistic creations and mental process cannot be patented. Since the law determining permissible subject matter for patents is based upon an accumulation of court decisions, what can be successfully patented has changed over the years and varies from country to country.

What are the different types of applications and patents?

Provisional application

The first step in filing a patent application in Australia is often the lodgment of an application, accompanied by a provisional specification, at the Patent Office. The provisional specification describes the invention and (in most cases0 its date of lodgment determines the 'priority date', on which date the invention must be new.

Complete application (leading to standard patent)

Within 12 months of lodging the provisional application can be lodged at the Patent Office. Where an invention is in development when a provisional specifications can be lodged in the 12-months period to include additional material. All such provisional specifications can be combined in a single with a series of numbered paragraphs called claim. The claims define the monopoly sought - both the particular embodiment of the invention as described in detail in the specification and variations.

Divisional application

Under the Patents Act 1990 it is possible to file a patent application that claims the same priority date as one previously filed and claims matter disclosed in an earlier application. These divisional in an application have a maximum term of 20 years, common with the parent case, but must be filed prior to sealing of the parent complete application.

Innovation patent

The novelty test for an innovation patent, as for a standard patent, includes publication or use anywhere in the world. However a lower innovative step applies. The innovation patent contains a maximum of five claims, has a shorter term (eight years instead of 20) and no extension of term is available. Applications are not subjected to examination, however, for the patent to be relied on infringement proceedings - the patentee must request examination and the patent must be validated.

Patents of addition

An application for a patent of addition may be made for a single improvement in, or modification of, the main invention in an earlier patent. The owner must be the same as the earlier patent or a person authorised by the owner.

Is there a worldwide patent?

No. Patents are obtained on a country-by-country basis, although there are a small number of regional patent arrangements, including one in Europe. The Patent Cooperation Treaty also exists, however this only applies for a short time during the application stage and national patens still ultimately result.

What is the role of a patent attorney?

Patent attorneys provide the expertise required in order to obtain and protect IP rights. This involves managing the processes by which patents, trademarks' rights are granted, and advising on the issues surrounding their validity and infringement. Patent attorney must have a degree in engineering or since.

What is a registered design?

A design is a feature of shape, configuration, pattern or ornamentation of an article capable of being judged by the eye. It is possible to register a design and there by obtain protection for the external appearance of a product. Protection is usually sought for either three-dimensional features of shape and /or configuration or two-dimensional features of pattern and/or ornamentation. The design must be new and original at the date of application for registration.

When has a registered design been infringed?

Generally, by the unauthorised application of the design (or an obvious or fraudulent imitation) to any article to which the design is registered - including importation, sale / hire and offering to sell / hire.

What could prevent your design from registered?

Any earlier registration, publication, sale or use in Pakistan of an article that differs only in immaterial detail, or in features commonly used in the trade, from the design for which protection is being sought.

Is there a worldwide registered design?

No. Registered designs are obtained on a country-by-country basis, although a single European Community Design has recently been introduced.

Domains Associated With Patent & Design Law

Copyright Law

Copyright Law Law

Copyright Protection

Protection subsists in original works of authorship fixed in any tangible medium of expression.

Intellectual Property

Intellectual Property

Trademark, Copyright & Patent

Our IP lawyers have strong technical backgrounds and extensive legal experience as in-house IP counsel.

Intellectual Property Enforcement

IP Law Enforcement

IP Enforcement Services

Our IP team rendering IPR services to its clients proficiently and effectively.

Trademark Law

Trademark Law

TM Registration and Protection

Registering a trade mark will give its owner the right to exclusively use, license or sell the mark.

PROTECTION OF INTELLECTUAL PROPERTY UNDER PATENTS ORDINANCE 2000

Suit for infringement of a patent

A patentee may institute a suit under section 60 in the District Court which have the jurisdiction to try the suit against any person who during the continuance of the patent acquired by him under this law, in respect of an invention, makes, sells or uses the invention without his license, or counterfeits it, or imitates it.

Reliefs in suits for infringement

If a patent is infringed by infringer and a suit for infringement has been field against him then the remedies can be availed by the patentee. The Court can order to:

  • desist form infringement;

  • infringer to pay the right holder damages adequate to compensate for the injury he has suffered because of infringement;

  • pay the right holder expenses which may include appropriate attorney's fee;

  • the recovery of profits, damages and pre-established damages;

  • dispose off the goods (which found to be the infringing) outside the channels of commerce without giving any compensation to the infringer;

  • dispose off the material, implements and predominant, use of which has been in infringing goods, outside the channels of commerce to minimize the risk of more infringement without giving any compensation to the infringer;

  • infringer to inform the right holder of the identity of third parties involved in production and distribution of the infringing goods and their channel of commerce in case of serious infringement;

  • adequate compensation to the party who has been wrongfully restrained by the party on whose request measures has been taken;

  • the applicant to pay the defendants expenses including attorneys fee.

  • prevent an infringement, if there are imported goods the court can order to prevent its customs clearance;

  • preserve its relevant evidence in the alleged infringement; and

  • provisional measures to prevent the delay which cause harm to the right holder or where there is a demonstrable risk of evidence being destroyed.

PROTECTION UNDER REGISTERED DESIGNS ORDINANCE 2000

Remedies under Section 8

If any person infringes a registered proprietor's right, the proprietor may:

  • bring a suit against him for the recovery of damages; and

  • bring a suit for an injunction for the continuance of the infringement.


Our Core Competencies

1

Collaborative Skillset

Collaborative lawyers trust the wisdom of the group; lone wolves and isolationists do not do any good anymore.

2

Emotional Intelligence

Distant, detached lawyers are relics of the 20th century, the market no longer wants a lawyer who is only half a person.

3

Technological Affinity

If you can not effectively and efficiently use e-communications, and mobile tech, you might as well just stay home.

4

Time Management

Virtually a substantial part of lawyers difficulties in this regard lie with their inability to prioritise their time.


What People Say About Us

  • Thank you for your support in this process and for your great hospitality. Your assistance has been of great importance. It was also important to see and experience the high quality of your services and your well known firm.

    Magnus Greko ~ Sweden
  • Thank you for your support in this process. Your assistance has been invaluable. We are looking forward to a long lasting working relationship with you. Also, thank you for hospitality during these past days.

    Lothar Geilen ~ Germany
  • Dear Atty. Iram Fatima: I would like to let you know that my wife came in USA last week. The U.S. Embassy Islamabad approved her visa petition in the lights of all the wonderful endeavors done by you and Mr. Birach. It was a long legal battle of about 7 years. I must say that your law firm is one of the best in the country and you are a highly professional advocate. Dr. Zafar should feel proud to have you in his crew. Finally, again I would say Thanks for all your legal services and I am your best reference.

    Zubair Mufti ~ Texas, USA
  • Dear Dr Zafar and Iram: Thank you very much for timely submission of the excellent opinion letter. It is very well drafted and covers the key points. We very much appreciate your excellent and timely work in preparing the legal opinion.

    Mrs. Iqbal Farrukh ~ San Francisco, USA
  • Dear Attorney Iram Fatima: Thanks so much for all of your kind efforts in this area and I must admit that your legal firm is the best in the country.

    Zubair Mufti ~ Texas, USA
  • The efficiency and effectiveness of your services are much appreciated.

    James Alexander Linton Williams ~ UK
  • Many thanks for this, and thank you for being so prompt. It is very appreciated.

    Alex Gilchrist ~ Somerset, UK
  • Thank you again for handling my case so well, I am honoured to be represented by you.

    Yolanda Slabbert ~ Port Elizabeth, South Africa
  • Thank you very much for your great attention to my case, I see that you're a very serious company and I'm happy that I've choose you.

    Sergio Lujan ~ Bogota, Colombia
  • I really appreciate the help and support provided by Zafar and Associates to our company. I donít know what to say or how to thank you, but to tell the truth your services are really the best legal services we have ever received. You are truly a professional and effective law firm.

    Adnan Branbo ~ Dubai, UAE
  • Thank you very much for your contribution. We will review the information and incorporate it into the International Citation Manual of Washington University Global Studies Law Review. Your help is appreciated.

    Naomi Levin ~ Washington, USA
  • I wanted to let you know that i got the documents. And i wanted to thank you and the whole team who worked on my case. You all did a good job thanks again.

    Naima Ashraf ~ The Hague, Holland
  • Thank you very much for all the work you have done to ensure that the Death in Service benefit reaches the parents of the deceased. Are they expecting this money and do they understand where it is coming from? We appreciate your assistance and excellent work.

    Susan Bauer ~ London, UK
  • I have no words to express my gratitude to you. People like you are very rare and I have the priviledge to know one of those. May God shower all blessings on to you and your family. I am a small man with only prayers on my lips.

    Dr. Haridev Bhargava ~ Saratoga, USA
  • I must say your handling of this matter has been totally sterling and I shall not have any hesitation in recommending you and your firm to others.

    Rosina Ahmad ~ UK
  • Good morning, I received the documents back yesterday afternoon. Thank you so much for your quick response to the job. We really appreciate it. Looking forward to working with you in the further.

    Mrs. Jan Malcolm ~ Auckland, New Zealand
  • Thank you very much for the case. It is just brilliant! I am so grateful that you went out of your way to help me.Ē

    Loraine Bhan ~ Suva, Fiji
  • I do appreciate highly the sense of commitment your office wishes to dedicate to the follow up of our question for information. I have transmitted the contents of your email IMMEDIATELY to the contact, together with confirmation of the highest esteem we attribute to the quality of the services rendered by ZAFAR & ASSOCIATES.

    Paul Wouters ~ Istanbul, Turkey
  • Thank you very much for the information and good news. I know youíve been working too hard and I appreciate every single minute working with you all. Itís an experience to be in the team of hardworking people and I am very proud to be included.

    Evangeline Williams ~ Paphos, Cyprus
  • I would like to thank you for your swift and excellent service that your office recently provided us. I would definitely forward your contact information to my friends and family in reference to seeking legal matters in Pakistan. I would also inform Sean Hogan and his associates to pass on your contact information to any clients that may need assistance in the matters of law in Pakistan.

    Zarar Khan ~ Miami, USA
  • We are greatly impressed with your firm and the professional calibre of the partners. If acceptable, we would like to keep your firm as a reference for future projects. Please let me know.

    Tanaz Pardiwala ~ Barcelona, Spain
  • We are happy to inform you that we have received the original succession certificate via DHL. I want to take this opportunity to thank you for your efforts, especially Dr. Zafar, who was kind enough to handle the security deposit at the court. With our best wishes and success for the New Year, to you and your esteemed team, we remain with.

    Mansur Asrar ~ Istanbul, Turkey
  • I am writing to convey to you how much I appreciate your prompt service! My mother called me today and informed me that 2 lawyers from your firm visited her. It is a pleasant surprise to know that such a law firm exists in our very own country. I would definitely recommend your firm to any friend who is in need of professional legal services in Pakistan.

    Naveed Ahmad ~ USA
  • I am truly very impressed with the follow up of your law firm. I never thought a Pakistani firm would be so aggressive and pro-active. Do you even happen to come to NYC? If so, then please look me up here when you visit next.

    Faisal Mumtaz ~ New York, USA
  • I want to thank you for all services you have rendered to us. I really appreciate it and hope on further cooperation.

    Petrov Andrey ~ Moscow, Russia
  • With God's help you have done a great thing for our family. Thank you so much for your diligence and expertise. We are truly grateful to God for all that is possible now. We also are looking forward to meeting you and your staff when we arrive in Pakistan next month. Please let us know if there is anything we can bring for you from the United States as a gift.

    Shaukat Minhas and Colleen Davidson ~ Dallas, USA
  • Your help in investigation case is well appreciated. My brother and I are ever grateful to you for obtaining the document. Thank you and god bless you and your practice team.

    Kevin Lessani - Dallas - USA
  • I greatly appreciate that your law firm is very careful in its preparation of petitions. In fact, the outcome of a legal fight greatly depends on how effectively a law firm has presented its case. If it fails to conceive in advance as to what it will have to face in defense, it can not prepare an effective petition. I admire that ZAFAR & ASSOCIATES - LLP are very careful in their initial step i.e. to prepare petition, around which the whole legal battle is fought.

    M. Iftikhar Sheikh ~ Dhahran, Kingdom of Saudi Arabia