RECENTLY, delegates from over 140 countries had assembled to participate in the ministerial conference of the World Trade Organization (WTO) in Doha and to deliberate on various issues relating to global commerce.

One of the important issues at the WTO was the (Trade-Related Intellectual Property Rights) of which Patent law is an essential part and has a very significant status even among the intellectual property laws. In fact, discussion relating to enforcement or otherwise of the patent rights under various circumstances was held in Doha.

It has been generally observed that the knowledge in relation to the patents law and the rights available thereunder are not very well known in Pakistan. An effort has been made in this article to give some idea about the patents system.

The patents law plays a vital role in the advancement and technological development of the world. It specifically deals with the protection of inventions. This law provides means of protection of the invention by individuals for a fixed period of time, in order to enable them in the case of a patent for a “product” to make, import, stock, offer for sale, sell and use the product. Likewise, in respect of a patent for a “process”, the law grants the exclusive right of use of the process and also to make, import, offer for sale, sell, stock and use the product obtained directly by means of the process so patented.

Invention by definition as provided for in the Patents Ordinance, 2000 in force in Pakistan, includes any new and useful product, including chemical products and any substance, article, apparatus, and machine. It also includes art, process, method or manner of manufacture, substance or article or product produced by manufacture and includes any new and useful improvement of any of them and an alleged invention. Under the patents law, protection of process or method or manner of new manufacture of a product including a new use of a known process or a product is also possible.

Under the law presently in force in Pakistan, the term of a patent or the lifetime for which the right holder can derive exclusive benefits and exclude others from making, selling, stocking, using, etc., his invention is of 20 years. During this period, he can himself use his invention or if he so desires, license the same to others. Also this protection is for a limited period and usually the monetary benefits derived during this period, give incentive to the inventors and their financiers to make use of their intellect and resources in order to develop new products or make improvements in already existing ones and seek protection thereof. General benefit of this activity is that a more refined product as well as its details are also made available to public.

Thus the people in general get advanced information of a newly developed or refined product, which they can use for their benefit at least after the expiry of the patent term if not earlier. Such a regime also benefits the other researchers and inventors to use the information in their own research and thereby produce even a better product. In case if such a protection was not available, it would have seriously hampered the development and growth of the humanity and thus much lesser benefits would have been derived.

As per the Patents Ordinance, 2000 in force in Pakistan, an invention is patentable if it is new, involves an inventive step and is capable of industrial application. However, a discovery, scientific theory or mathematical method; a literary, dramatic, musical or artistic work or any other creation of purely aesthetic character whatsoever; a scheme, rule or method for performing a mental act, playing a game or doing business; and the presentation of information is not patentable. Also a patent shall not be granted for an invention the publication or exploitation of which would be contrary to the public order or morality. Furthermore, a patent shall also not be granted for animals or plants other than micro-organisms and essentially biological process for the production of animals and plants, but this prohibition shall not apply to microbiological processes or products of such processes; and for diagnostic therapeutic and surgical methods for the treatment of humans or animals.

Among others, the documents required for obtaining a patent protection are complete specification, which describes the invention in detail, supported by an abstract in which a brief description of the invention is given. Also each application is to be accompanied by claims in writing made by the inventor in support of his invention. Once a patent is granted, these documents are made public and thus any one can obtain the information but for use thereof, proper permission from the right holder or the patentee is required.

Filing of a patent application entitles the applicant to stop others from using the invention and also entitles him to initiate infringement action against unauthorized use and also seek for injunction. In case of an infringement of any of the rights as granted under the law, a patentee has the right to sue for the performance of acts by person other than the patentee. He can also seek relief from the court of law as granted in suits for infringement. As regards infringement of rights of exclusive licensee, the law also provides for awarding damages or other relief for loss suffered or likely to be suffered by infringement or profits earned by the infringer by means of infringement.

Under the law, the Controller of Patents, the authority which grants patent rights, is empowered to issue non-voluntary license on a request on the plea that the patented invention is not exploited or insufficiently exploited by working it locally or by importing it in Pakistan and shall not issue it if the patentee satisfies the Controller that circumstances justifying the non-exploitation exist. Also provisions exist where a later patent cannot be exploited without infringing a patent granted on the basis of an application benefiting from an earlier filing.

A patent may be revoked on a petition of an interested person, or of the federal government or on a counter claim in a suit for infringement of a patent on any one or more of the grounds upon which a patent may be refused.

Failure to comply with the federal government’s request to make, use or exercise the patented invention for the service of the government upon reasonable terms may cause the high court to revoke a patent.

Any person falsely representing any article sold by him to be patented in Pakistan or to be subject of an application for patent in Pakistan shall be punishable with fine.

It is not compulsory to seek a patent protection but in order to derive maximum benefits from one’s own efforts, it is in the interest of the inventor to obtain a patent right. A patent is basically a right or an asset one acquires which can be sold, licensed, rented, hired, etc., just like any other asset.

On the whole, the patent system as developed is for the benefit of the mankind and proper protection thereof not only gives incentives to the right seekers but also serves the humanity.