The aspect of intellectual property law that addresses novel innovations is patent registration law. Conventional patents protect physical scientific advancements like zippers, circuit boards, heating coils, and vehicle engines. However, patents have been utilised over time to safeguard a broader range of innovations, including business methods, coding algorithms, and genetically engineered organisms. The method of patent management and approach has been altered by rising competition and global trade. A sound intellectual property strategy now includes minimising needless expenses and risks, as well as maximising the value of a company’s patents.

We have submitted patent applications to the patent registration and Trademark Office in several industries, such as information technology, biotechnology/life sciences, chemicals, manufacturing, electronics, and others. Although patenting is crucial, it is only one step in building a patent portfolio that maximises marketability and ensures robust protection. We regularly assess patent usage, rival activities, and market trends to benefit our customers. For big businesses and large companies, we create and maintain portfolios of patents from Pakistan and other countries.

What is a patent?

A patent is an exclusion right bestowed by the government to the inventor of an article, device, substance, process or method that is new, inventive, and useful in exchange for its invention and publication to the rest of the world.

What rights does a patent provide?

A patent gives the inventor the right to prevent others from making, using, or selling the invention for the life of the patent, usually 20 years from the filing date.

What can be patented?

Almost anything new, inventive, and useful can be patented, such as mechanical devices, electrical circuits, chemical compounds, genetically modified organisms, or software applications. Patenting of business techniques and manufacturing modes is also possible, particularly when it deals with computers and information technology. The improvement does not have to be a breakthrough – even a small change, or a modification, can be patented. There must, however, be an inventive step, i.e. the enhancement cannot be deemed as self-evident to a competent employee in the given sector.

What can’t be patented?

In general, things like thoughts, plans, schemes, and artistic works cannot be patented. The permissible subject matter for patents has evolved throughout the years and differs across nations because the legislation governing it is based on an accumulation of court judgments.

What are the different types of applications and patents?

Provisional Application

The initial step in applying for a patent registration in Australia is frequently submitting an application, along with a provisional description, to the Patent Office. The ‘priority date’ upon which the invention must be new is usually determined by the date of lodgment in the preliminary specification, which defines the invention.

Complete application (leading to standard patent)

The provisional application may be submitted to the Patent Office at any time within 12 months of its filing. A provisional specification may be updated within 12 months to include additional details as the invention develops. All such provisional specifications can be compiled into a single document with a series of numbered paragraphs known as a claim. The monopoly being sought is defined by the claims – both the specific embodiment of the invention as described in detail in the specification and its variations.

Divisional application

According to the Patents Act of 1990, a patent application may claim the same priority date as a prior application and assert material that was revealed in an earlier application. These application splits must be filed before the entire parent application is sealed, but they can last for up to 20 years, which is the same as the parent case.

Innovation patent

Like a regular patent, an invention patent must pass the novelty test, which includes publication or use anywhere in the globe. But there is a less creative step. The innovation patent has a shorter term (eight years rather than twenty), no extension of term is permitted, and a maximum of five claims are allowed. Although applications are not reviewed, the patent must be confirmed, and the patentee must seek examination in order for it to be used in infringement cases.

Patents of addition

Only one improvement or change to the primary invention covered by a prior patent may be the subject of an application for a patent of addition. The owner must be either the same as the previous patent or someone who has been granted permission by the owner.

Is there a worldwide patent?

Although there are a few regional patent agreements, notably one in Europe, patents are granted on a national basis. Additionally, the Patent Cooperation Treaty exists, but it is only valid for a brief period of time during the application process, and the result is still a national patent.

Role of Patent Attorney?

Patent lawyers offer the experience needed to acquire and safeguard intellectual property rights. This includes overseeing the procedures for granting trademark and patent rights, as well as providing advice on the topics of validity and infringement. A degree in science or engineering is a prerequisite for becoming a patent registration lawyer.

Ensure your innovations are fully protected. Contact SARDAR KHAN & CO today for expert patent registration services and strategic IP advice in Pakistan.