Patent Ordinance, 2000
The Patents Ordinance, 2000 was enacted in pursuance of the Proclamation of Emergency dated 14th October 1999 read with the Provincial Constitution Order No. 1 of 1999 and the Provincial Constitution (Amendment) Order No. 9 of 1999. It extends to the whole of Pakistan. For implementation of the Patents Ordinance, 2000 the Federal Government is required to appoint a Controller of Patents, who heads the Patent Office and oversees all matters relating to the grant and administration of patents. The Patent Office maintains its own official seal, the impression of which carries judicial recognition. Officers or employees of the Patent Office are prohibited from applying for patents during their tenure and for one year after leaving service. With respect to patentability, the Ordinance provides that an invention must be new, involve an inventive step, and be capable of industrial application. An invention is considered “new” if it is not already part of the state of the art. The “state of the art” encompasses any disclosure to the public, whether by publication in tangible form or oral communication, anywhere in the world.
The Patents Ordinance, 2000 empowers the Controller to permit amendments to applications or specifications, subject to conditions as deemed appropriate. In cases where a patent lapses due to non-payment of renewal fees, an application for restoration may be filed within eighteen months under Section 45. Where patents are jointly granted, each patentee is presumed to hold an equal, undivided share unless otherwise agreed.
The Patent Office is mandated to maintain a Register of Patents, recording the particulars of grantees, assignments, transmissions, licenses, amendments, extensions, and revocations. A patentee may initiate proceedings before a District Court against infringement, such as unauthorized making, selling, or use of the patented invention, including counterfeiting or imitation. Chapter XIX of the Patent Ordinance prescribes penalties for contravention of its provisions. The Controller may also register qualified individuals as patent agents, provided they are citizens of Pakistan, at least 21 years of age, meet prescribed requirements, and pay the requisite fee. Corporations, however, are expressly barred from practicing as patent agents. Reports prepared by examiners for the Controller are confidential and not subject to public inspection or disclosure in legal proceedings, unless directed by a court.
The Controller may also require patentees or licensees to provide periodic information on the extent to which the invention has been worked commercially in Pakistan. Where a patent is lost or destroyed, a duplicate may be issued upon payment of the prescribed fee. Furthermore, Section 104 empowers the High Court to frame rules, while Section 105 grants rule-making authority to the Federal Government. The Patent Ordinance, 2000 repealed the Patents and Designs Act, 1911.
