Pakistan

PakistanCapital: Islamabad
Capital Timezone: GMT + 5
Population: 186,693,907 (est. 2014)
Languages: English (official) and Urdu
Currency: Rupee (PKR)
Legal System: English common law and Islamic Sharia Law

Key Issues

• All litigation and prosecution in English
• Ranked 109th in the world for IP protection in the World Economic Forum’s Global Competitiveness Report 2013/2014

Enforcement

• Patent can be effectively enforced in courts
• During proceedings, a court may appoint an independent scientific advisor
• Disputes may be settled via alternative dispute resolution (ADR)
• Infringement remedies – injunction, damages, or account of profits
• Innocent infringer defence
• Potential relief against groundless threats

Prosecution

• Patentable subject matter – any new and useful product or process except:
– a discovery, scientific theory or mathematical method,
– a literary, dramatic, musical or artistic work,
– a scheme, rule or method for performing a mental act, playing a game or doing business
– presentation of information
– substances that exist in nature or if isolated therefrom
– prevention of commercial exploitation of invention necessary to protect the “ordre public” or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment
– plant and animals and biological processes for the production of plants or animals
– diagnostic, therapeutic and surgical methods for the treatment of humans or animals
– a new or subsequent use of a known product or process
– a mere change in physical appearance of a chemical product where chemical formula or process of manufacture remains the same and not fulfilling the criteria of patentability
• Amendments to the claims are allowed during prosecution and substantive examination
• Strict approach to “added matter” when making amendments
• No fixed due date to respond to a substantive examination report
• Voluntary divisional applications possible any time before acceptance

Other issues

• Not a PCT contracting state
• Opposition period of 4 months after acceptance
• For a non-convention application, a provisional specification can be filed. A complete specification must be filed within 2 months from filing the provisional specification
• Patents of addition is possible in respect of any improvement in or modification of an invention
• Compulsory licensing may apply on the basis of public interest, anticompetitive practice, refusal to grant license on reasonable terms, or the patent has not been exploited adequately

For more information contact us on mail@fak.com.au or +61 7 3011 2200.