WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/IIP AKIP/l 
12 March 2002 
(02-1266) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
PAKISTAN 
The present document reproduces the textl of the Patents Ordinance, 2000, as notified by 
Pakistan under Article 63.2 of the Agreement (see document IPIN/1/PAKl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
PAKISTAN 
Le present document contient le textel de l'Ordonnance de 2000 sur les brevets, notifiee par le 
Pakistan au titre de l'article 63:2 de l'Accord (voir le document IPIN/1/PAKl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
PAKISTAN 
En el presente documento se reproduce el textol de la Orden sobre Patentes, de 2000, que el 
Pakistan notific6 de conformidad con 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease 
el documento IPIN/1/PAKl2). 
1 In English only'/En anglais seulement.lEn ingles solamente. TPlNll/PAK/P/l 
Page 2 
Is laTna bad, the 2nd December, 2000 
F. No. 2 (1)/2000-Pub.-The following Ordinance made by the President 
is hereby published for general information :-
ORDINANCE No. LXI OF 2000 
AN 
ORDINANCE 
to amend and consolidate the law relating to the protection of inventions 
WHEREAS it is expedient to amend and consolidate the law relating to protection of 
inventions; 
AND WHEREAS the N.llional Assembly and the Senate stand suspended in pursuance of the 
Proclamation of Emergency. of the fourteenth day of October, 1999, and the Provisitll1ul Constitution 
Order No. 1 of 1999; . 
AND WHEREAS thePresident is satisfied that circumstances exist which render it necessary to 
take immediate action; 
NOW. THEREFORE. ill pllnmallCC of the Proclamatioll of ElllcrgelJ(:Y of lhe j(ltl/lct~lIlh day or 
October, 1999. and the Provisional Constitution Order No. 1 of 1999, read wilh the Provisional 
Constitution (Amendment) Order No. 9 of J 999, and in exercise of all powers enabling him in that 
behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the 
following Ordinance:-
CHAPTER I 
PRELIMINARY 
I. Short title, extent amI cOlllmcnccmcnt.- (I) This Ordinance may be called the Patents Ordinance. 
2000. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force at once except the provisions relating to examination, sealing, grant 
and post-grant matters of the patents relating to chemical products intended [or usc in agriculture and 
medicines, but excluding the grant of exclusive marketing rights therefor and mail box filings which 
shall come into force on and from the first day of January, 2005. 
2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,-(a) 
Cb) 
(c) 
(d) .. 
(e) 
(t) IPINI1 IPAK/PI1 
Page 3 
"assignee" includes the legal representative of deceased assignee and references to the 
assignee of any person includes references to the assignee of the legal representati,,:e I 
or assignee of that person, 
"Controller" means the Controller of Patents appointed under section 3; 
"Convention application" means an application made in Pakistan within twelve 
months after the date of an application made in a Convention country, whether 
claiming single or multiple priorities from such application; 
"Convention country" means a member country of the World Trade Organization or a 
country declared as such under section 86; 
"date of advertisement", wherever appearing in this Ordinance, shall be the date on 
which the relevant Part V of the official Gazette is actually made available to the 
public; 
"date-of filing", in relation to an application for a patent, means-
(i) in case of an application which is post-dated or ante-dated under this Ordinance, 
the date to which it is so post~ated or ante-dated; and 
(ii) in case of an application sent by registered mail or over-night courier from a cily 
in which Patent Office has no branch office, the date on which it is so sent; 
(g) "District Court" has the meaning assigned to that expression by the Code of Civil 
Procedure, 1908 (Act V of 1908); , 
Ch) "exclusive licence" means a licence from a proprielor of, or an applicunl of, a patent 
which confers on the licensee, or on the licensee and persons authorized by him, to 
the exclusion of all other persons, including tbe proprietor or applicant, any'right in 
respect of the invention, to which the patent or application relates, and "exclusive 
licensee" and" non-exclusive licensee" shall be construed acco~dingly; 
(i) "invention' includes any new anci useful product, including chemical products, art, 
process, method or manner of manufacture, machine, apparatus or other article; 
substance or article or product produced by manufacture and includes any new and 
useful improvement of any of them and an alleged invention; 
U) "inventor" means the actual devisor of an invention, and joint inventor shall be 
construed accordingly; 
(k) "legal representative" means a person who in law represents the estate of a deceased 
person; 
(l) "patent agent" means an advocate or a person for the time being registered under this 
Ordinance as a patent agent; 
(m) "patentee" in relation to a patent, means the person or persons for the time being 
entered on the Register as the grantee or proprietor of the patent and includes any 
subsequent assignee or successor-ill-interest of a patent recordal of whose name on 
the Register is pending with the Controller; 
(n) "patent of addition" means a patenl of addition granted in accordance with section 
39; 
(0) "Patent Office" means the Patent Office established, or deemed to have been 
established, under section 4; 
(p) "person" includes any natural or juridical person and the Government; TPINIl IPAK/PIl 
Page 4 
(q) "person interested" includes a person engaged in, or in promoting. re~earch in the 
same field as that to which the invention relates; 
(r) "prescribed" means prescribed by rules made under this Ordinance; 
(s) "process" means any art, process or method or manner of new manufacture of a 
product and includes a new use of anon process or a product; 
(t) "product" includes any substance, article. apparatus,.machine or a chemical product; 
(1I) "published" means made available to the public whether in Pakistan or elsewhere and a 
document shall be taken to he published under any provision of this Ordinance, if it can 
be inspected as of right at any place in Pakistan by members of public, whether on 
payment or free of cost; . 
Cv) "Register" means the Register of Patents maintained under section 54; and 
(w) "rules" means rules made under this Ordinance. 
CHAPTERll 
ADMINISTRA TION 
3. Appointment of Controller and other officel·s.- (1) For the purposes of this Ordinance, the Federa[ 
Government shall, by notification in the official Gazette, appoint an officer who shall be called the 
Controller of Patents. 
(2) The Federal Government shall appoint such other officers with such designations as it deems 
fit. 
4. Patent Office.-(1) For·the purposes of this Ordinance, there shall be established a Patent Office: 
Provided that until such time the Patent Office is established, the Patent Office established 
under the Patents and Designs Act, 1911 CH of 1911), shall be the Patent office for the purposes of this 
Ordinance. 
(2) The Patent Office shall be under the immediate control ofthe Control1er who shall act under 
the superintendence and direction of the Federal Government. 
(3) The Patent Office shall be entrusted with all the functions relating to the procedure for the 
grant of patents and for the administration of granted patents as specified in this Ordinance and rules. 
(4) Thcre shall be a seal of the Patent Office and impression of the seal shall be judicially 
noticed. 
5. Officers and employees incapable of an interest ill a patent.-Any officer or a person employed in 
the Patent Office shall be incapable during the period of his appointment and for one year thereafter. of 
applying for a patent or of acquiring, directly or indirectly, except by inheritance or' bequest, any patent 
issued or to be issued by the Patent Office. IPfNl1 IPAK/PI1 
Page 5 
6. Officers and employees not to divulge certain information or advise in certain mattel"S.-An 
officer or a person employed in the Patent Office shall not, except when required or authorized by this 
Ordinance or under a direction in writing of the Controller or by order of the Court:-
(a) divulge any information available to him by virtue of hIs office in respect of any 
application for a patent or a patent bTfanted in Pakistan; or 
(b) advise in a matter which is under consideration or is likely to come under 
consid~ration of the Patent Office in pursuance of this Ordinance. 
CHAPTER III 
PATENTABILlTY 
7. Patentable inventions.- (1) Any invention is patentable, if it is new, involves an inventive step and 
is capable of industrial application. . 
(2) Subject to sub-section (3), the following shall not be regarded as invention within the 
meaning of sub-section (l), namely:-
(a) a discovery, scientific theory or mathematical method; 
(b) a literary, dramatic, musical or artistic work or any other creation of purely 
aesthetic character whatsoever; 
(c) a scheme, rule or method for performing a ment.1l act, playing a game or doing 
business; and 
(d) the presentation of information. 
(3) The provisions of sub-section (2) shall prevent anything from being treated as ani invention 
for the purposes of this Ordinance only to the extent that a patent or an application for a patent relates to 
that thing as such. 
(4) A patent shall not be granted-
(a) for an invention the publication or exploitation of which would be contmry to the public 
order or morality, provided that the exploitation shall not be considered to be so 
contrary merely because it is prohibited by any law for the time being in force; 
(b) for animals or plants other than micro-organisms and essentially biological process for 
the production of animals or plants, but this prohibitio·n shall not apply to micro­
biological processes or products of such processes; and 
(c) for diagnostic therapeutic and surgical methods for the treatment of humans or animals. '. . 
8. Novelty.- (1) An invention shall be considered to be new if it does not form 'part of the state of the 
art. TP/N/l/PAK/P/l 
Page 6 
(2) The state of the art shall comprise-
(a) everything disclosed to the public anywhere in the world, by publication in tangible 
form or by oral disclosure, by use or in any other way, prior to the filing or , where 
appropriate, the priority date, of the application claiming the invention; and 
(b) contents of the complete specification and priority documents published under 
section 21 of an application filed in Pakistan. 
(3) For the purposes of this section, the disclosure of matter constituting an invention shall be 
disregarded if made within one year inunediately preceding the date of filing the application for the 
patent and either-
(a) the disclosure was due to, or made in consequence of, the matter having been obtained 
unlawfully or in breach of confidence by a person; or 
(b) the disclosure was due to, or made in consequence of, the inventor displaying the 
invention at any international or official exhibition. 
(4) In this section references to the ·inventorinclude references to any proprietor of the invention 
for the time being. 
9. Inventive step.-An invention shall be considered as involving an inventive step if it has not been 
obvious to a person, prior to the date of application for a patent, skilled in the art having regard to any 
matter which forms part of the state of art by virtue of clause (a) of sub.-section (2) of section 8. 
10. Industrial application.- (1) Subject to sub-section (2), an invention shall be considered to be 
capable of industrial application if it can be made or used in any kind of industry. The industry shall be 
understood in its broadest sense. It shall cover in particular agriculture, handicraft, fishery and services. 
(2) An invention of a method of treatment of the human or animal body by surgery or therapy 
or of diagnosis practiced on the human or animal body shall not be taken to be capable of industrial 
application: 
Provided that a 'Product consisting of a substance or composition shall not be prevented 
from being treated as capable of industrial application merely hecause it was invented for use in sllch a 
method. 
CHAPTER IV 
APPLICATIONS 
1l. Persons entitled to make an application for patent.-(l) Any of the following persons, whether 
alone or jointly with any other person, may make an application for a patent, namely:-IPIN11IPAK/PI1 
Page 7 
(a) the true and the first inventor or inventors of the invention or his or, as the case may 
be, their assignee or successor:" in -interest; and 
Cb) the legal representative of any deceased person who immediately before his death \vas 
entitled to make such application. 
12. Right to patent for invention made by cmployee.- The right to the patent for an invention made 
by an employee during the course of his employment in the area of activity of the employer shall ,in the 
absence of contractual obligation to the contrary belong to the inventor unless the employer proves that 
the invention could not have been made without the use of employer's facilities ,equipment and the like 
necessary for the invention: 
Provided that an invention of exceptional economic value shall entitle the inventor to an 
equitable remuneration taking into account the nature of his duties, his salary and the benefits derived 
by the employer. 
13. Application for patent.- (1) Every application for the patent shall be made in the pr~scribcd form 
and shal1 be filed at the Patent Office in the prescribed manner and shall contain a·declaration to the 
effect that the applicant is in possession of an invention of which he, or in the case of the joint 
application, at least 'one of the applicants, claims to be the true and the first inventor of or the legal 
representatiye or assignee of such inventor or, as the case may be, inventors, provided that where the 
inventor is not the applicant, he shall be entitled to be mentioned as such ill the application and if he is 
not so mentioned the Controller may ,upon an application made in the prescribed manner and after 
hearing any interested person, insert the name of such person as an inventor or co-inventor, as the case 
may be ,if he is satisfied that he be named as an inventor of the invention for which the applicant desires • 
to obtain a patent. 
(2) Where applications for protection have been made in one or more Convention countries in 
respect of two or more inventions which are cognate or of which one is modification of another, a 
single Convention application may, subject to the provisions of sectiori 15, be made in respect of those 
inventions at any time within twelve months from the date of the earliest of the said applications for 
protection. 
(3) Each application shall relate to one invention only or to a group of inventions so I inked as to 
form a single general inventive concept. 
(4) The applicant may, before the acceptance of the application. divide it into two or more 
applications, hereinafter referred to as divisional applications, provided that each divisional application 
shaH not go beyond the disclosure in the first application. 
(5) Each divisional applic~tion shall be entitled to the filing date and ,where applicable, the 
priority date of the first application. IP/N!1 IPAK/P/l 
Page 8 
(6) The fact that a patent has been granted on an application that did not comply with the 
requirement of uni ty of invention shall not be a .ground for the invalidation of the patent. 
(7) The applicant may at any time \vithdraw the application by making a request to the 
Controller: 
Provided that where the application has been withdrawn before the advertisement of its 
acceptance in the official Gazette the application and the specification, claims and drawings. if any: 
shall not be open to public inspection. 
14. Complete and provisional application.- (1) Every application for a patent, other than a Convention 
application, shall be accompanied by either a complete specification or· a provisional specification, and 
every Convention application shall be accompanied by a complete specification. 
(2) Where an application for a patent is accompanied by a provisional specification, a complete 
specification shall be filed within twelve months from the date of filing of the application, ami if the 
complete specification is not so ftlcd the application shall be deemed to be abandoned. 
(3) Vlhere two or more applications in. the name of the same applicant arc accompanied by 
provisional specification in respect of invention which are cognate or of which one is a modification of 
another, and the Controller is of thc opinion that the \vhole of such inventions or such as to constitute a 
single invention and properly be included in one patent, he may allow one complete specification to be 
filed in respect of all such provisional specifications. 
(4) Where an application for a patent, not being a Convention application. is accompanied by a 
specification purporting to be a complete specification, the Controller may, if the applicant so requests .. 
at any time before the acceptance of the specification, direct that it shall be treated for the PUI1Joscs of 
this Ordinance as a provisional specification, and proceed with the application accordingly. 
(5) Where a complete specification has been filed in pursuance of an application for a patent 
accompanied by a provisional specification or by a specification treated by virtue of a dltcction under' 
sub-section (4) as a provisional specification the Controller may, if the applicant so requests at any time 
before the acceptance of the complete specification, cancel .the provisional specification and post~date 
the application to the date of filing of the comp1et~specification. 
15. Contents ofspecificatioll.- (1) Every SpccIIlcatJon, whether complete or provisional, shall describe 
the invenbon, and shall begin with a title indicating the subject to which the invention relates. 
(2) Subject to any rules made In this behalf, drawings may, and shall if the Controller so 
requires, be supplied for the purposes of any specification, whether complete or provisional, and any 
drawings so supplied shall, unless the Controller .otherwise directs, be deemed to form part of the 
specification, and reference in this Ordinance to a specification shall be construed accordingly. (3) Every complete specification shall-IP/N/l/PAKIPlI 
Page 9 
(a) fully and particularly describe the invention and the method by which it is to be 
performed; 
(b) disclose the invention which is known to the applicant and for which he is entitled to 
claim protection; and 
Cc) end with a claim or clatms defminF; the scope of the invention for which protection is 
claimed. 
(4) The claim or claims of a complete specification shall relate to a single invention, shall be 
clear and succinct and shall be fairly based on the matter disclosed in the specification. 
(5) Subject to the foregoing provisions of this section, a complete specification filed aftcr a 
provisional specification, or filed with a Convention application, may include claims in respect of 
developments of, or additions to, the invention which was described in lheprovisional specification or, 
as the case may be, the invention inl respect of which the application for protection was made in a 
Convention country, being developments or additions in· respect of which the applicant would be 
entitled under the provisions of section 11 to make a separate appliCation for a patent. 
(6) Every complete specifica'tion shall be accompanied by an abstract for the purposes of giving 
technical infonnation and the Controller shall determine whether the abstract fulfills its purpose and, if 
it does not, shall instruct the applicant to make modifications to the satisfaction of the Controller. 
(7) The abstract shall merely serve the purpose of teahnical infonnation, in particular, it shall 
not be taken into account for the purpose of interpreting the scope of protection. 
CHAI)TER V 
EXAMINATION OF APPLICATIONS 
16. Examination of application.- (1) The Controller shall refer to an examiner evcry application in 
respect of which a complete specification has been filed, for making a report to the Controll~r after 
detail scrutiny of the application, specification, claims and drawing, if any, to the effect whether the 
invention is new and involves. an inventive step, and to also determine whether other requirements of 
this Ordinance and rul~s have been complied with. . 
(2) The examiner shall make the report to the Controller as soon as is reasonably possible, but 
before the period of eighteen months from the date of filing of the application in Pakistan. 
(3) If the examiner reports that any of the requirements of this Ordinance and rules arc not 
complied with, the Controller shall give the applicant an opportunity, or morc'than onc opportunity, to 
comply with such requirements as may be mentioned in the said report and to amend the application, if 
necessary, within such time as may bc prescribed, failing which the Controller may refuse to proceed 
with the application. IP/N/lIPAK/P/1 
Page 10 
(4) If the Controller considers, at any time, before the acceptance of the application, that the 
invention claimed therein has been wholly or in part claimed in a specificatioil published on or after the 
date which the patent applied for would bear, if granted appertaining to an application for grant of a 
patent which, if granted, will be prior date to the patent applied for, he may require that the applicant's 
specification be amended by the insertion of a reference to such other specification by way of notice to 
the public. 
(5) The investigation required under this section shall not be held in any way to guarantee thc 
validity of any patent, and no liability shall be incurred by the Federal Government or any officer by 
reason of, or in connection with, any such investigation or any proceeding consequent thereon. 
(6) Unless an application is accepted within eighteen months from the date of the application,. 
the application shall)except where an appeal has been lodged,be deemed to have been refused: 
Provided that where, before, or within three months after the expiration of the said period of 
eighteen months, a request is made to the Controller for an extension of time, the application shall, on 
payment of the prescribed fee, be continued for any period so requested not exceeding in all three 
months from the expiration of the said period of eighteen months: 
Provided further that the Controller may upon a written request made by an applicant in the 
prescribed manner postpone the formal acceptance of the application until such date, not latcr than 
twenty-one months from the date of filing of the complete speci.fication, as may be requested by the 
applicant. 
Explanation.- When a request is made under any of the above provisos the Controller may 
pennit the applicant to put the application in order of acceptance but shall not pass formal orders of 
acceptance and shall not proceed to advertise the acceptance till the date requested by the applicant. 
(7) Notwithstanding anything in the preceding sub-sections, all applications claiming protection 
for chemical products intended for use in medicine or agriculture tiled after the first day of January, 
1995, in accordance with Article 70 (8) and 70 (9) of the World Trade Organization Agreement on 
Trade Related Aspects of Intellectual Property Rights (TRIPs), shall be dealt with in accordance with 
suh-section (3) of section I. 
17. Reference to other patcnt.-(1) U: in consequence of the investigation under section 16, it appears 
to the Controller that an invention in respect of which application for a patent has been made cannot be 
performed without substantial risk of infringement of a claim of any other patent, he may direct that a­
reference to that other patent shall be inserted in the applicant's complete specification by way of notice 
to the public unless, within such time as may be prescribed, either-. 
(a) the applicant shows to the satisfaction of the Controller that there are reasonable 
grounds for contesting the validity of the said claim of the other patent; or 
(b) thc complete specification is amended to the satisfaction of the Controller. 
(2) Where, after a reference to another patent has been inserted in a complete spcci lication in 
pursuance· of a direction undcr sub-section (1)-TPINI1 IPAK/PI1 
Page 11 
(a) that other patent is revoked or otherwise ceases to'be in force; 
(b) the specification of that other patent is amended by the deletion of the relevant 
claim; or 
(c) it is found, in proceedings before the court or the Controller, that the relevant 
claim of that other patent is invalid or is not infringed by any working of the 
applicant's invention, 
the Controller may, on the application of the applicant, delete the reference to that other patent. 
18. Substitution of applicants, etc.-(1) If the Controller is satisfied, on an application made in the 
prescribed manner at any time before a patent has been granted, that by virtue of any assignment or 
agreement in writing made by the applicant or one of the applicants for the patent, or by operatio'n or 
law, the claimant would, if the patent were then granted, be entitled thereto or to the interest of the 
applicant therein, or to an undivided share of the patent or of that interest, the Controller may, subject to 
the provisions of this section, direct that the application shall proceed in 'the name of the claimant or in 
the names of the claimanlS and the applicant or the other joint applicant or applicants, as the case may 
require. 
(2). No such direction under sub-section (1) shall be given by virtue of any assignment or 
agreement made by onc of two or more joint applicants for a patent except with the consent of the other 
joint applicant or applicants. ' 
(3) No such direction under sub-section (1) shall be given by virtue of any assignment or 
agreement for the assignment of the benefit of an invention unless-
(a) the invention is identified therein by reference to the number of the application for the 
patent; 
(b) there is produced to the Controller an acknowledgement by the person by whom the 
assignment or agreement was made that the assignment or agreement relates to the 
invention in respect of which that application is made; 
(c) the rights of the claimant in respect of the invention have been finally established by a 
decision of a court; or 
(d) the Controller giv~s directions for enabling the application to proceed or Cor 
regulating the manner in which it should be proceeded with under sub-section (5). 
(4) Where one of two or more joint applicants for patent dies at any time before the patent has 
been granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and 
with the consent of the legal representative of the 'deceased, direct that the application shall proceed in 
the name of the survivor or survivors alone. 
(5) If any dispute arises between joint applicants for a patent whether or in \vhat manner the 
application should be proceeded with, the Controller may, upon application made to him in the 
prescribed manner by any oflhc parties. and after giving to all parties concerned an opportunity ofbeipg 
heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or 
more of the parties alone or for regulating the manner in which it should be proceeded with, or for both 
those purposes, as the case may require. fP/N/l/PAK/PI1 
Page 12 
19. Time for putting application in-order of acceptance.- (1) If ehthe expiration of the period of 
eighteen months specified- in sub-section (6) of section 16 or the extended pefiod-
(a) an appeal to the High Court is pending in respect of an application for a patent for 
an invention; or 
(b) in the case of an application for a patent of addition, an appeal to the High Court is 
pending in respect either of that application or the application for the main 
invention, 
the time within which the requirements of the Controller shall be complied with shall, on an application 
made by the applicant before the expiration of the said period of eighteen monthS or the extended 
period, as the case may be, be extended until sych date as the High Court may determine. 
(2) Ifthe time within which the appeal mentioned in sub-section (1) may be instituted has not 
expired, the Control1er may extend the period of eighteen months or, as the case may be, the extended 
period, until the expiration of such further period. as he may determine: 
Provided that, if an appeal has been filed during the said further period and the High Court 
has granted any extension of time for complying with the requirements of the Controller, then the 
requirements may be complied with within the time granted by the High Court. 
20. Power of Controller to require certain information and documents relating to foreign 
appIication.-(1) The applicant shall, when required by the Controller, furnish him with the date and 
number of any application for a patent filcd by him abroad, hereinafter referred to as foreign application, 
relating to the same or essentially the same invention as that claimed in the application filed in Pakistan. 
(2) The applicant shall, when required by the Controller, furnish him with the following 
documents relating to one of the foreign applications referred to in sub-section (1), namely:-
(I) a copy of any communication received by the applicant concerning the results of 
any search or examination calTied out in respect of the foreign application; 
(iO a copy of the patent granted on the basis of the foreign application; and 
(iii) a copy of ariy final decision rejecting the foreign application. 
(3) The applicant shall, when required by thc Controller, furnish him with a copy of any final 
decision invalidating the patent granted on the basis of foreign-application referred to in sub-section (1). 
21. Acceptance of complete specification.- On the acceptance of a complete specification, the 
ControJIer shall give notice thereof to the applicant and shall advertise in the official Gazette the fact 
that specification has been accepted and thereupon the application and the specification, and the priority 
documents, if any, filed in pursuance thereof shaH be open to public inspection. IPIN11/PAK/PIl 
Page 13 
22. Effect of acceptance of complete specification.- On and from the date of advertisement of the 
acceptance of a complete specification and until the date of sealing of a patent in respect thereof, the 
applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the 
date of advertisement of acceptance of the complete specification: 
Provided that the applicant may institute any proceedings for infringement of the patent 
without waiting for its acceptance and sealing, and a court may grant such reliefby way of an injunction 
restraining the infringement. if the court is satisfied that the applicant is the true proprietor of the 
invention and shall be properly registered as a patentee and shall suffer irreparable loss if infringement 
of its patent is not stopped: 
Provided further that the applicant shall not be able to recover any damages ag~inst the 
infringer for any infringement of its invention taking place before the sealing of the patent. 
CHAPTER VI 
OPPOSITION TO GRANT OF PATENT 
23. Opposition to the grant of patent.- (1) At any time within four months from the date of 
advertisement of the acceptance of a complete specification under this Ordinance, any person may give 
notice to the Controller of opposition to the grant of patent on any of the following grounds, namely:-
(a) that the applicant for the patent obtained the invention or any part thereof from 
him or from the person of whom the opponent is the legal representative, 
assignee, agent or attorney; 
Cb) that the invention is not a patentable invention within the meaning of this 
Ordinance; 
(c) that the specification does not disclose the invention in a manner clear and 
complete enough for it to be carried out by a person skilled in the art; 
(d) that the claims are not clear or extend beyond the scope of the disclosures in the 
complete specification as originally fi1ed; and 
(e) that the complete specification -describes or claims an invention other than that 
described in the provisional speci fi cati on and that such other invention either 
fonns the subject of an application made by the opponent for a patont which if 
granted would bear a date in the interval between the date of the application and 
the leaving of the complete specification, or has been made available to the public 
by publication in any document in that interval. 
(2) Where a notice is given under sub-section (2), the Controller shall give notice of the 
opposition to the applicant, and shall, before deciding the case, give to the applicant and the opponent an 
opportunity of being heard. 
24. Third party observations on patentability.- (1) At any time after the publication of the 
speci fication under section 2 I, any person may make observations in writing to the Controller on the 
novelty of the invention giving evidence in support of his observations and the Controller shall consider 
the observations in the light of the evidence made available to him before the grant of patent. IP /Nil IP AK/P 11 
Page 14 
(2) Tb.:: person who makes observations under sub-section (1) shall not become a party to the 
proceedings under: this' Ordinance before the Controller by reason only that he has made the 
observations, failing which the observations shall be rejected as ifnot filed at all. 
CHAPTER VII 
PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 
25. Information prejudicial. to defence of Pakistan or safety of public.- (1) Where an application for 
8 patent in respect of an invention is filed in the Patent Office and it appears to the Controller that the 
invention is one of the 'class' notified to him by the Federal Government as being one the publication of 
which might be prejudicial to the defen;~e of Pakistan, or if he 'hims~lf thinks so, then he may give 
directions prohibiting or restricting the publication of the invention or its communication to any 
specified person or class of persons. 
(2) If it appears to the . Controller that the specification of any application so filed contains 
information the publication of which might be prejudicial to the safety of the public, he may give 
directions prohibiting or restricting the pUblication of that information or its communication to any 
person until the end of a period not exceeding three months from the date of the acceptance. 
(3) While directions are in force under this section, the application may proceed to the stage 
where it is in order for acceptance, but specification shaH not be published. 
(4) Where the Controller gives directions under this section with respect to any application, he 
shall give notice of the application and of the directions to the Federal Government and the following 
provisions shall then have effect, namely:- . 
(a) the Federal Government shall, on receipt of the notice, consider whether the publication 
of the invention or the publication or communication of the information in question 
would be prejudicial to the defence of Pakistan or the safety of the public; 
(b) if the Federal Government determine under clause .(a) that the publication of the 
specification or the publicat~on or communication of that infonnation would be 
prejudicial to the safety of the public, it shall given notice to the Controller who shall 
continue his directions under sub-section (2) until they are revoked under clause (e); 
(c) if the Federal Government determine under clause (a) that the publication of the 
specification or the publication or communication of that information would be 
prejudicial to the defence of J:lakistan or the safety of the. public, it shall, un1ess a notice 
under, clause (d) has previously been given to the c:;ontroIler, reconsider that question 
during the period of nine months from the date of filing the application and at least once 
in every subsequent period of twelve months; IPINIl IPAK/PIl 
Page 15 
(d) if on consideration of an application at any time it appears to the Federal Government 
that the publication of the specification or the publication or communication of the 
information contained in it would not, or would no longer, be prejudicial to the defence 
of Pakistan or the safc::ty of the public, it shall give notice to the Controller to that effect; 
and 
(e) on receipt of a notice under clause (d), the Controller shall revoke the directions and 
may, subject to such conditions, if any, as he thinks fit, extend the time for doing any 
,thing required or authorized to be done by or under this Ordinance in connection with 
the application, whether or not that time has previously expired. 
(5) Where a complete specification filed in pursuance of an application for a patent for an 
invention in respect of which directions have been given under this section is accepted before the 
directions are revoked, then-
(a) if any use of the invention is made by or on behalf or to the order of the Federal 
Government, the provisions of section 58 shall apply in relation to that use as if the 
patent had been granted for the invention; and 
(b) if it appears to-the federal Government that the applicant for the patent has suffered 
hardship by reason of the continuance in force of the directions, the Federal 
Government may make such payment, if any, by way of compensation to the 
applicant as appears to the Federal Government to be reasonable having regard to the 
inventive merit and utility of the invention, the purpose for which it is designed and 
any other relevant circumstances. . 
(6) Where a patent is granted in pursuance of an application in respect of which directions have 
been given under this section, no renewal fees shall be payable in respect of any period during which 
those directions were in forc'e. 
26. Residents not to apply outside Pakistan without permission.- (1) No person resident in Pakistan 
shall, without written authority granted by the Controller,file or cause to be filed outside Pakistan an 
application for the grant of a patent for an invention unless-
(a) an application for patent for the same invention has been filed in the Patent Office not 
less than six weeks before the application outside Pakistan; and 
(b) either no directions have been given under section 25 in relation to the application in. 
Pakistan or all such directions have been revoked. 
(2) The provisions of sub-section (1) shall not apply in Pakistan to an invention in respect of 
which an application for a patent has first been filed in a country outside Pakistan by a person resident 
outside Pakistan. IPINIl IPAK/P/l 
Page 16 
CHAPTER VIII 
GRANT AND SEALING OF PATENT 
27. Grant and sealing of patent.- (1) Subject to the provisions of this Ordinance with respect to 
opposition and to any power of the Controller to ref4se the grant, a patent sealed with the seal of the 
Patent Office shall, if the request is made within the time allowed under-this section, be granted to the 
applicant or applicants within that time or as soon as may be thereafter, and the date on which the patent 
is sealed shall be entered in the Register. 
(2) Subject to the provisions of this Ordinance with respect to patents of addition, a request 
under this section for the sealing of a patent shall be made not later than the expiration of six months 
from the date of the publication of the complete specification: 
Provided that-
(a) where at the expiration of the said six months any proceedings in relation to the 
application for the patent is pending in any court or before the Controller, the request 
may be made within three months after the final determination of that proceeding; and_ 
(b) where the applicant or onc of the applicants has died before the expiration of the time 
within which under the provisions of this sub-section the request could otherwise be 
made, the said request may be made at any time within twelve months after the date of 
the death or at such later time as the Controller may allow. 
Explanation.- Any proceedings shall be deemed to be pending so long as the time for any 
appeal therein has not expired, and any proceedings shall be deemed to be finally determined when the 
time for any appeal therein has expired without the appeal being brought. 
(3) The period for making the request under sub-section (2) for the sealing of a patent may be 
extended by the Controller by six months if the application is made and the prescribed fee paid within 
the extended period. 
28. Amendment of patent granted to a deceased person.- Where, at any time after a patent has been 
sealed in pursuance of an application under this Ordinance, the Controller is satisfied that the person to 
whom the patent was granted had died, or, in the case of a body corporate, had ceased to exist, before 
the patent was sealed, he may amend the patent by substituting for the name of that person the name of 
the person to whom the patent ought to have been granted, and the patent shall have effect, and shall be 
deemed always to have had effect, accordingly. 
29. Date of patent.-(1) Subject to the other provisions of this Ordinance, every patent shall be dated as 
of the filing date of the application and in case of a Convention application the date of such earliest 
application filed in the Convention country from which priority has been claimed. 
(2) The date of every patent shall be entered in the Register. TPINII/PAK/P/1 
Page 17 
30. Rights conferred by patent.- (1) The exploitation of a patented invention in Pakistan by a person 
other than the owner of the patent shall require the latter's agreement. 
(2) For the purposes of this Ordinance, "exploitation of a patented invention" means any of the 
following acts, narnely:-
(a) when patent has been granted in respect of a product-
(i) making, importing, offering for sale, selling and using the product; or 
(ii) stocking such product for the purposes of offering for sale, selling or using; and· 
(b) when the patent has been granted in respect oia process-
(i) using the process; or 
(ii) doing any of the acts referred to in clause (a) in respect of a product obtained 
directly by means of the process. 
(3) The owner of the patent shall, in addition to any other rights, remedies or actions available 
to him have the right, subject to sub-section (4) and section 59, to institute court proceedings against any 
person who infringes the pa'tent by perfonning, without his agreement, any of the acts referred to in sub­
section (2) or who perfonns acts which make it likely that infringement will occur. 
(4) Where a person has filed an application for protection of chemical product intended for use 
in medicine or agriculture and has obtained a marketing approval therefot, in another Convention 
country, he shall be entitled to an exclusive privilege for marketing the said product for a period of five 
years after obtaining the marketing approval of the Ministry of Health, Government of Pakistan, or until 
the patent on the application is granted or rejected, which ever period is shorter. 
(5) The rights under the .patent shall not extend to-
(a) acts in respect ofarticlcs which have been put on the market by the owncr of the patcnt 
or with his consent; 
. (b) the use of articles on an aircraft, land vehicles or vessels of other countries which 
temporarily or accidentally enter the airspace, territory or waters of Pakistan; 
(c) 
(d) acts done only for experimental purposes relating to a patented invention; or 
6 
acts performed by any person who in good faith, before the filling or, where priority is 
claimed, the priority date of the application on which the patent is granted in Pakistan, 
was using the invention or was making effective and serious preparations for such use. 
(6) The right of prior user referred to in clause (d) of sub-section (5), may be transferred or 
devolve only ~ogether with the enterprise or business, or with that part of the enterprise or business, in 
which the use of preparations for use have been made. ' 
31. Term of patent.-The tern1 of a patent under this Ordinance shaH be twenty years from the filing 
date. IP/N/1/PAK/PII 
Page 18 
32. Grant of patents to be subjected to certain conditions.- (1) Notwithstanding anything in section 
31, a patent shall cease to have effect on the expiration of a period for the payment of any renewal fee jf 
that fee is not paid within the prescribed period or within the period as extended under this section. 
(2) The period prescribed for the payment of any renew~l fee shall be extended to such period 
not being more than six months if the request is made to the Controller and the renewal fee and the 
prescribed additional fee is paid before the expiration of the extended period. 
CHAPTER IX 
MISCELLANEOUS PROV~SIONS AS TO RIGHTS IN INVENTIONS 
33. Priority date in case of invention obtained from other person.- (1) Where an application is made 
for a patent for an invention which has been claimed in a complete specification filed in pursuance of 
any other such application, then if-
(a) the Controller has refused to grant·a patent in pursuance of that other application on 
the ground specified in clause (a) of sub-section (1) of section 23; 
(b) a patent granted in pursuance of that other application has been revoked by the High 
Court under section 46 or by the Controller under section 47 on the ground specified 
in clause (a) of sub-section (l) of section 23; or 
(c) the comp'lete specification filed in pursuance of the said other application has been 
amended by the exclusion of the claim· relating to the said invention in consequence 
of a finding by the Controller that the invention was obtained by the applicant or 
patentee from any other person, 
the Controller may direct that the first-mentioned application and any specification filed in pursuance 
thereof shaH be deemed, for the purposes of the provisions of this Ordinance relating to the priority dale 
of claims of complete specification, to have been filed on the date on which the corresponding 
document was or was deemed to have been filed in the pro,ceedings upon the said other application. 
34. Grant of patent to two or more .persons.- (1) Where a patent is granted to two or more persons, 
each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal 
undivided share in the patent. 
(2) Subject to the provisions of this section and section 35, where two or more persons arc 
registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each 
of those persons shall be entitled, by himself or his agents, to exploit, use, exercise 'and sell the patented 
invention for his own benefit without accounting to the other person or persons. 
(3) Subject to the provisions of this section and section 35 and to any agreement for the time 
being in force, where two or more persons are registered as grantee or proprietor of a, patent, then, a 
licence under a patent shall not be granted, and a share in a patent shall not be assigned, by one of such 
persons, except with the consent of the other person or persons. fPfN/1/PAK/P/1 
Page 19 
(4) Where a patented article· is sold by one of two or more persons registered as grantee or 
proprietor of the patent relating to that article, the purchaser and any person claiming through him shall 
be entitled to deal with it in the same manner as if the article had been sold by a sole patentee. 
(5) Subject to the provisions of this section, the provisions of law applicable to the ownership 
and devolution of movable property generally shall apply in relation to patents, and nothing contained in 
sub-section (I) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the legal 
representatives of a deceased person or their rights or obligations as such. 
35. Power of Controller to give. directions to co-owners.- (1) Where two· or more persons are 
registered as grantee or proprietor of a patent, the Controller may, upon application made to him in the 
prescribed manner by any of those persons, give such directions in accordance with the application as to 
the sale or lease of the patent or any interest therein, the grant of licences under the patent, or the 
exercise of any right under section 39 in relation thereto, as he thinks fit. 
(2) If any person registered as grantee or proprietor of the patent fails to execute any 
instrument or to do any other thing required for the carrying out of any direction given under this section 
within fourteen days after being requested in writing so to do by any of the other persons so registered, 
the Controller may, upon application made to him in the prescribed manner by any such other person, 
give directions empowering any person to execute that instrument or to do that thing in the name and on 
behalf of the person in default. 
(3) Before giving directions in pursuance of an application under this section, the Controller 
shall give an opportunity of being heard-
(a) in the case of an application under 511b~section (1), to the other person or persons 
registered as grantee or proprietor of the patent; and 
(b) in the case of an application under sub-section (2), to the person in default". 
(4) No direction shall be given under this section so as to affect the mutual rights or obliga­
tions of trustee or of the legal representatives of a deceased person, or their rights or obligations as such. 
36. Power of ControJller or Court to determine the matter in dispute between employer and 
employee.- (I) Where a dispute arises between an employer and a person who is or was at the material 
time his employee as to the· rights of the parties in respect of an invention made by the employee either 
alone or jointly with other employees or in respect of any patent granted or to be granted in respect 
thereof, the Controller may, upon application made to him in the prescribed manner by either of the 
parties and afier giving to each of them an opportunity of being heard, detennine the matter in dispute, 
and may make such orders for giving effect to his decisi.on as he considers expedient: 
Provided that, if it appears to the Controller upon an application under this section that the 
matter in dispute involves questions which should be detennined by the Court, he may decline to deal 
therewith. TP/N/l/PAK/P/l 
Page 20 
'(2) In proceedings before the Court between an employer and a person who is or was at the 
material time his employee, or upon an application made to the Controller under sub-section (1), the 
Court or, as the case may be, the Controller may,;tf 'satisfied that both the parties are entitled to the 
benefit of an invention made by the employee, by order provide for the apportionment between them of 
the'benefit of the invention, and of any patent granted or to be granted in respect thereof, in such manner 
as the C.oc:t Qf". as t,~ case JT':.:3~. ~ the Car:rona c:onsiders just. 
(3) A decision of the Controller under this section shall have the same effect as between the 
parties and persons claiming under them as a decision of the Court. 
37. A voidance of restrictive condition in contracts.· (l) Subject to the provisions of this section, any 
condition of a contract for the sale or lease of a patented article or of an article made by a patented 
process or for license to exploit' a patented article or process, or relating to any such sale, lease or 
license, shall be void so far as it purports-
(a) to require the purchaser, lessee or licensee to acquire from the vendor, lessor or 
licensor, or his nominees, or prohibit him from acquiring from any specified person, or 
from acquiring except from the vendor, lessor or licensor, or his nominees, any article 
other than the patented article or an article made by the patented process; or 
(b) to prohibit the purchaser, lessee or licensee from using articles, whether patented or 
not, which are not supplied by, or any patented process which does not belong to, the 
vendor, lessor or licensor, or his nominees, or to restrict the right of the purchaser, 
lessee or licensee to use any such article or process. 
(2) In proceedings against any person for infringement of a patent, it shall be a defence to prove 
tbat at the time of the infringement there was in force a contract relating t6 the patent made by or with 
the consent of the plaintiff and containing a condition void by virtue of this section. 
(3) A condition of a contract shall not be void by virtue of this section if-
(a) at the time of the making of the contract the vendor, lessor or licensor was willing to 
sell or lease the article, or grant a license to use or exploit. the article or process, as the 
case may be, to the purchaser, lessee or licensee, on reasonable terms specified in the 
contract and without any such condition as is mentioned in sub-section (1); and 
(b) the purchaser, lessee or licensee is entitled under the contract to relieve himself of his 
liability to observe the condition upon giving to the other party three months notice in 
writing and subject to payment to him of a just compensation. 
38. Determination of certain contracts.- Any contract for the sale or lease of a patented article or for 
license to manufacture, exploit a patented article or process, or relating to any such sale, lease or license, 
whether made before or after the commencement of this Ordinance, may at any time after the patent or 
all the patents by which the 'article or process was protected at the time of the making of the contract has 
or have ceased to be in force, and notwithstanding anything to the contrary in the contract or in any 
other contract, be deterrillned by either party on giving three months notice in writing to the other party. CHAPTER X 
PATENTS OF ADDITION IP/N/] IPAK/PIJ 
Page 21 
39. Patents of addition.~ (1) Where an application is made for a patent in respect of any improvement 
in or modification of an invention, hereinafter referred to as the "main invention", and the applicant also 
applies or has applied for a patent for that invention or is the patentee in respect thereof, the Controller 
may, if the applicant so requests, grant the patent for the improvement or modification as a patent of 
addition. 
(2) Where an invention, being an improvement in or modification of another invention, is the 
subject of an independent patent and the patentee in respect of that patent is also the patentee in respect 
of the patent for the main invention, the Controller may, if the patentee so requests, by order revoke the 
patent for the improvement or the modification and grant to the patentee a patent of addition in respect 
thereof, bearing the same date as the date of the patent so revoked. 
(3) A patent shall not be granted as a patent of addition unless the date of filing of the complete 
specification was the same as or later than the date of filing of the complete specification in respect of 
the main invention. 
(4) A patent of addition shall not be sealed before the sealing of the patent for the main 
invention, and if the period within which, bu.t for this provision, a request for the sealing of a patent of 
addition could be made expires before the period within which a request for the sealing of the patent for 
the main invention may be so made, the request for the sealing of the patent of addition may be made at 
any time within the last-mentioned period. 
40. Term ~f patents of addition.~ (1) A patent of addition shall be granted for a tern1 equal to that of 
the patent for the main invention, or so much thereof as is unexpired, and shall remain in force during 
that term or until the previous cesser of the patent for the main invention and no longer: 
Provided that~ 
(a) if the term of .the patent for the main invention is extended under the foregoing 
provisions of this Ordinance, the tenn of the patent of addition may also be extended 
accordingly; and 
(b) if the patent for the main invention is revoked under this Ordinance, the court or, as 
the case may be. Controller may order that the patent of addition shaH become an 
independent patent for the remainder of the tenn of the patent for the main invention, 
and thereupon the patent shall continue in force as an independent patent 
accordingly. 
(2) No renewal fees shall be payable in respect of a patent of addition, but, if any such patent 
becomes an independent patent by virtue of an order under sub~section (1), the same fees shall thereafter 
be payable, upon the same dates, as if the patent had been originally granted as an independerit patent. IPINI] IPAK/P/] 
Page 22 
41. Patent of addition not to be refused, etc.-The grant of a patent of addition shall not be refused, 
and a patent granted as a patent of addition shall not be revoked or invalidated on the ground only that 
the invention claimed in the complete specification does not involve any inventive step having regard to 
any publication or use of-
(a) the main invention described in the complete specification relating thereto; or 
(b) any improvement in or modification of the main invention described in the complete 
specification of a patent of addition to the patent for the main invention or of an 
application for such a patent of addition, and the validity of a patent of addition shall 
not be questioned on the ground that the invention ought to have been the subject of 
an independent patent. 
CHAPTER XI 
AMENDMENT OF SPECIFICATION 
42. Amendment of specification with .leave of Controller.- (l) Subject to the provisions of section 44, 
the Controller may, upon an application made under this section by an applicant for a patent or a 
patentee, allow the application [or the patent or the complete specification to be amended subject to 
such conditions, if any, as the Controller thinks fit: 
Provided that the Controller shall not al10w a specification to be amend~d under this section 
upon an application made while any action before the Court for infringement of the patent or any 
proceeding before the court for the revocation of the patent is pending. 
(2) Every application for leave to amend an application for a patent or a specification under this 
section shall state the nature of the proposed amendment and give full particulars of the reasons for 
which the application is made. 
(3) Every application for leave to amend an application for a patent or a specification under this 
seetion made after the acceptance of the complete specification and the nature of the proposed 
amendment shall be advertised in the prescribed manner. 
(4) Within the prescribed period aner the advertisement of an application under sub-section (3), 
any person may give notice to the Controller of opposition thereto, and where such a notice is given 
within the period aforesaid, the Controller shall give notice to the person by whom the application is 
made and shall give to that person and to the opponent an opportunity of being heard before he decides 
the case. 
(5) This section shall not apply in relation to any amendment of a specification effected in 
proceedings in opposition to the grant of a patent· or effected in pursuance of any provision of this 
Ordinance authorizing the Controller to direct a reference to another specification or patent to be 
inserted, or to refuse to grant a patent, or to revoke a patent, unless the specification is amended to his 
satisfaction. IP/N1l IPAK/PI1 
Page 23 
43. Amendment of specification with leave of High Court.-(1) In any proceeding before the High 
Court for the revocation of a patent, the High Court may, subject to the provisions of section 44, by 
order allow the patentee to amend his complete specification in sll~h manner, and subject to such tenns 
as to costs, advertisements or othenvise, as the High Court may think fit, and if in any such proceedings 
for revocation the High Court decides that the patent is invalid, the High Court may allow the 
specification to be amended under this section instead of revoking the patent. 
(2) Where an application for an order under this section is made to the High Court. the applicant 
shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be 
heard, and shall appear if so directed by the High Court. 
44. Supplementary provisions as to amendment of spccification.- (1) No amendment of specification 
shall be allowed, except for the purpose of correcting an obvious mistake, the effect of which would be 
that the specification as amended would claim or describe matter not in substance disclosed in the 
specification before the amendment. 
(2) Where, after the date of the publication of a complete specification, any amendment of the 
specification is allowed or approved by the Conlroller or the High Court under this Ordinance, the right 
of the patentee or applicant to make the amendment shall not be called in question except on the ground 
of fraud, and the amendment shall for all purposes be deemed to form part of the specification: 
Provided that in construing the specification as amended reference may be made to the 
specification as originally published. 
(3) Where, after the date of the publication of a complete specification, any amendment of the 
specification is allowed or approved under this section, the fact that the specification has been amended 
shall be advertised in the official Gazette. 
CHAPTER XII 
ru:STORATION OF LAPSED PATENTS 
45. Restoration of lapsed patents.- (1) Where a patent has ceased to have effect by reason of a failure 
to pay any renewal fec within the prescribed period, an application for the restoration of the patent may 
be made to the Controller under this section within eighteen months from the date on which the patent 
ceased to have effect. 
(2) An application under this section may be made by the person who was the proprietor of the 
patent or by any other person who would have been entitled to the patent if it had not ceased to have 
effect, and where the patent was held by two or more persons jointly, the application may, with the 
leave of the Controller, be made by onc or more of them without joining the others. 
(3) If the Controller is satisfied that-TP/N/1/PAK/P/1 
Page 24 
(a) the proprietor of the patent took reasonable care to see that any renewal fee was 
paid within the prescribed period or that the fee and any prescribed additional fee 
were paid within six months immediately fonowing the end of that period; and 
(b) those fees were not so paid because of circumstances beyond his control, 
the Controller shall by order restore the patent on payment of any unpaid renewal fee and any prescribed 
additional fee. 
(4) An order under this section may be made subject to such conditions as the Controller thinks 
fit and if the proprietor of the patent does not comply with any condition of such an order, the Controller 
may revoke the order and give such directions consequential on the revocation as he thinks fit. 
(5) Where an order is made under this section and, between the end of the period of six months 
beginning with the date when the patent concerned ceased to have effect and the date of the application 
under this section, any person has begun in good faith to use the patented invention or has madc 
effective and serious preparations to make use of the invention, he shall, after the order comes into 
force, have the right to make use of the invention and the said use shall not amount to an infringement 
of the patent concerned. 
(6) Where a patented product is disposed of by any persO!] to another in exercise of a right 
conferred by sub-section (5), that other and any other person claiming through him shall be entitled to 
deal with the product in the same way as if it had been disposed of by a sole registered proprietor. 
CHAPTER XIII 
REVOCATION AND SURRENDER OF PATENTS 
46. Revocation of patent by High Court.-(l) Subject to the provisions of this Ordinance, a patent 
may, on the petition of any person interested or of the Federal Government or on a cotmter-claim in a 
suit for infringement of the patent, be revoked in part or in whole by the High Court on anyone or more 
of the grounds upon ,vhich grant of patent may be refused. 
(2) Without prejudice to the provisions contained in sub-section (1), a patent may be revoked by 
the High Court on the petition of the Federal Government, if the High Court is satisfied that the patentee 
~ has without reasonable cause failed to comply with the request of the Federal Government to make, use 
or exercise the patented invention for the services of the Government upon reasonable tenns. 
(3) A notice of any petition [or revocation of a patent under this section shall be served on all 
persons appearing from the Register to be proprietor of that patent or to have shares or interests therein, 
and it shall not be necessary to serve a notice on any other person. 
47. Revocation of patent by Controller.- (1) At any time within twelve months after the sealing of a 
patent, any person interested who did not oppose the grant of t~e patent may apply to the Controller for 
an order revoking the patent on any onc or more of the grounus upon which the grant of the patent coUld 
have been opposed: IPINIl/PAK/PI1 
Page 25 
Provided that when an action for infringement, or proceedings for the revocation, of a patent 
are pending in any court, an application to the Controller under this section' shall not be made except 
with the leave of the court. 
(2) Where an application is made under this section, the Controller shall give notice to the 
patentee and shall give to the applicant and the patentee an opportunity of being heard before deciding 
the case. 
(3) If, on an application under this section, the Controller is satisfied that any of the grounds 
specified in sub-section (1) are established, he may by order direct thal the patent'shall be revoked either 
unconditionally or unless within such time as may be specified in the order the complete specification is 
amended to his satisfaction: 
Provided that the Controller shall not make an order for the unconditional revocation of a 
patent under this section unless the circumstances are such as would have justified him in refusing to 
grant the patent. 
48. Hevocation of patent by the Federal Government.- Where the Federal Government is of opinion 
that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to . 
the public, it may, after giving the patentee an opportunity of being heard, make a declaration to that 
effect in the official Gazette and thereupon the patent shall be deemed to have been revoked. 
49. Revocation of surr.cndered patent by Controllcr.- (1) A patentee' may, at any time by giving 
notice in the prescribed manner to the Controller, offer to surrender his 1latent. 
(2) Where an offer under sub-section (l) is made, the Controller shall advertise the offer in the 
prescribed manner, and also give notice to every person other than pateritee whose name appears in the 
Register as havigg an interest in the patent. 
(3) Any person interested may, within the prescribed period after such. advertisement, give 
notice to the Controller of opposition to the surrender, and where any such notice is given, the 
Controller shall .give notice to the patentee-
(4) If the Controller is satisfied, after hearing the patentee and any opponent, if desirous of 
being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke 
the patent. IPIN/lIPAKIPIl 
Page 26 
CHAPTER XIV 
POWERS OF CONTROLLER 
50. Controller to have certain powers of a civil court.-(1) Subject to any rules made in this behalf, 
the Controller in any proceedings before-him uflder this Ordinance shall have the powers of a civil court 
while trying a suit under the Code -of Civil Procedure, 1908 (Act V of 1908), in respect of the following 
·matters, nameJy:-
(a) summoning and enforcing the attendance of any person and examining him on oath; 
(b): requiring the discovery and production of any document; 
(c) receiving evidence on affidavits; 
(d) issuing commissions for the examination of witnesses or dOCuments; and 
(e) awarding costs. 
51. Power of ControUer to correct clerical errors.-(1) The Controller may, in accordance with the 
provisions of this section, correct any clerical error in any patent or in any specification or other 
docuplent filed inpursuance of such application or in any application for a patent or any clerical error in 
any matter which "is entere~ in the Register. 
(2) A correction may be made in pursuance of this section either upon a request in writing made 
by any person interested and accompanied by the prescribed fee, or without such a request. 
(3) Where the Controller proposes to make any such correction as referred to in sub-section (1), 
otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to 
the patentee or the applicant for the patent, as the case may be, and 10 any other person who appears to 
. him to be concerned, and shall give them an opportunity of being heard before making the correction .. 
(4) Where a reqllest is made under sub-section (2), for the correction of any clerical error in a 
patent or-applica~ion fOT a patent or-any document filed in pursuance. of such an application, and it 
appears to the: Controller, that the correction would materially alter the meaning or scope of the 
document towhich the request relates and ought not to be made without notice to persons affected 
thereby, he .shall require notice of the nature of the proposed correction to be advertised in the 
prescribed manner. 
(5) Within the prescribed time after any such advertisement as referred to in sub-section (4), any 
person interested may give notice to the Controller of opposition to the request, and, where such notice 
of opposition is given. the Controller shall give notice thereof to the person by whom the request was 
made. and shall give to him and to the opponent an opportunity of being heard before he decides the 
case. IP!N1l IP AK/P 11 
Page 27 
52. Evidence beforeController.- Subject to any rules made in this behalf, in any proceedings under 
this Ordinance before the Controller, evidence shall be given by affidavit in the absence of directions by 
the Controller to the contrary, but in any case in which the Controller thinks it right so to do he may take 
oral evidence in lieu of, or in addition to, evidence by affidavit, or may allow any party to be cross­
examined on the contents of his affidavit. 
53. Exercise of discretionary powers by Controller.- Without prejudice to any provision of this 
Ordinance requiring the Controller to hear any party to the proceedings thereunder or to give any such 
party an opportunity of being heard, the Controller shall' give to any' applicant for a patent or for 
amendment of a specification, if within the prescribed time the applicant so requires, an opportunity of 
being heard before exercising adversely to the applicant any discretion vested in the Controller by or 
under this Ordinance. 
CHAPTER XV 
REGISTER OF PATENTS 
54. Register of Patents.- (1) There shall be kept at thc Patent Office a Register of Patents, wherein 
shall be entered the names and addresses of grantees of patents, notifications of assignments and of 
transmissions of patents, of licenses under patents, and of amendments, extensions, and revocations of 
patents and particulars of such other matters affecting the validity or proprietorship of patents as may be 
prescribed. 
(2) The Register of Patents kept under the Patents and Designs Act, 191 I (H of 1911), shall be 
incorporated in, and fonn part of, the Register to be kept under this Ordinance. 
(3) No. notice of any trust, whether express, implied or constructive, shall be entered in the 
Register, and the Controller shall not be affected by any such notice. 
(4) Subject to the superintendence and direction of the Federal Government, the Register shall 
be kept under the control and management of the ControUer. 
55. Registration of assignments, transmissions, 'etc.-(1) Where any person becomes entitled by 
assignment, transmission or operation of law to a patent or to a share in a patent or becomes entitled as a 
mortgagee, licensee or otherwise to any other interest in a patent, he shall apply in writing in the 
prescribed manner to the Controller for the registration of his title or, as the case may be, of notice of his 
interest in the Register. . 
(2) Without prejudice to the provisions of sub-section (1), an application for the registration of 
the title of any person becoming entitled by assignment to a patent or a share in a patent or becoming 
entitled by virtue of a mortgage, license or other instrument to any .other interest in a patent may be 
made in the prescribed manner by the assignor, mortgagor, licensor or other party to that instrument, as 
the case may be. . TP/N/] IPAK/P/] 
Page 28 
(3) Where an application is made under this section for the registration of the title of any person, 
the Controller shall, upo~ proof of title to his satisfaction-
(a) where that person is entitled to a patent or a share in a patent, register him in the 
Register as proprietor or co-proprietor of the patent, and enter in the Register 
particulars of the instrument or event by which he derives title; or 
(b) where that person is entitled to any other interest in patent, enter in the Register 
notice of his interest, ~ith particulars of the instrument, if any, creating it. 
(4) Subject to the provisions of this Ordinance relating to co-ownership Gf patents and subject 
also to any rights vested in any other person of which notice is entered in the Register, the person or 
persons registered as grantee or proprietor of a patent shall have power to assign, grant licenses under, 
or otherwise deal with, the patent . and to give effectual receipts for any consideration for any such 
assignment, license or dealing: 
Provided that any equities in respect of the patent may be enforced in like manner as in 
respect of any other movable property. 
56. Power of High Court regarding rectification of the Register.- (1) The High Court may, on the 
application of any person aggrieved- . 
(a) by the absence or omission from the Register of any entry; 
(b) by any entry made in the Register without sufficient cause; 
(c) by any entry wrongly remaining on the Register; or 
(d) by any error or defect in any entry in the Register, 
make such order for the making, variation or deletion, of any entry therein as it may think fit. 
(2) In any proceeding under this section, the High Court may decide any question that may be 
necessary or expedient to decide in connection with the rectification of the Register. 
(3) Notice of any application to the High Court under this section shall Be given in the 
prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and 
shall appeal' if so directed by the High Court. 
(4) Any order of the High Court under this section rectifying the Register shall direct that 
notice of the rectification shall be served in the prescribed manner upon the Controller, who shall upon 
receipt of such notice rectify the Register accordingly. 
57. Inspection of, ~nd extracts from, the Register, etc.-(1) Subject to the proVlstons of this 
Ordinance and rules, the Register shall at all convenient times be open to inspection by the public, and 
certified copies, sealed with the seal of the Patent Office, of any entry in the Register shall be given to 
any person requiring them on payment of the prescribed fee. IPINIl IPAK/PIl 
Page 29 
(2) The Register shall be prima facie evidence of any matters required or authorized by or tUlder 
this Ordinance to be entered therein. 
(3) Except in the case of an app1ication made under section 55, a document in respect of which 
no entry has been made in the Register under sub-section (3) of section 54 shall not be admitted in any 
Court as evidence of title of any person to a patent or share of or interest in tbe patent unless. the Court 
otherwise directs. 
CHAPTER XVI 
COMPULSORY LICENCES, LICENCES OF RIGHT, EXPLOITING OF PATENTS AND 
REVOCATION 
58. Exploitation by a Government agency or third person.- (1) Subject to sub-section (2), where­
(i) the public interest, in p:articuJar, national security, nutrition, health or the 
development of other ,,;tal sectors of the national economy so req~ires; or 
(ii) the Federal Government has determined that the manner of exploitation, by the 
owner of the patent or his licensee, is anti-competitive, and the Federal Government 
is satisfied that the exploitation of the invention in accordance with this sub-section 
would remedy such practices, 
the Federal Government may, even without the consent of the owner of the patent, decide that a 
Government agency or a third person designated by the Federal Gov~rnm~t may exploit a patented 
Invention. 
(2) The Federal Government shall, before taking any decision under sub-section (2), give the 
owner of the patent and any interested person an opportunity of being heard if he wishes to be heard. 
(3) The exploitation of the patented invention shall be limited to the purpose for which it was 
authorized and shall be .subject to the payment to the said owner of an adequate remuneration therefor, 
taking into account the economic value of the Federal Government authorization, as determined in the 
said decision, and where a decision has been taken under sub-section (1), the need to correct anti­
competitive practices. 
(4) A request for the Federal Government authorization shall be accompanied by evidence that 
the owner of the patent has received, from the person seeking the authorization, a request for a 
contractual license, but that person has been unable to obtain such a Jicense on reasonable commercial 
terms and conditions and within a reasonable time: 
Provided that this sub-section shall not apply in cases of -
(i) national emergency or other circumstantial urgency provided that in such cases the 
owner of the patent shall be infonned of the decision of the Federal Government as 
soon as reasonably practicable; 
(ii) public non-commercial use; and 
(iii) anti-competitive practices detennined as such by a judicial or administrative body in 
accordance with clause (ii) of sub-section (1). IPINIl /PAK/PIl 
Page 30 
(5) The exploitation of a patented invention in the field of semi-conductor technology shall only 
by authmized either for public non-commercial use or where a judicial or' administrative body has 
determined that the manner of exploitation of the patented invention, by the owner of the patent or his 
licensee, is anti-competitive and if the Federal Government is satisfied that the issuance of the non­
voluntary license would remedy such practices. 
(6) The authorization shall both exclude-
(i)· the conclusion of license contracts by the owner of the patent; 
(ii) the continued exercise, by the owner of the patent, of his rights under section 30; or 
(iH) the issuance of a non-voluntary license under section 59. 
(7) Where a third person has been designated by the Federal Government, the authorization may 
only be transferred with the enterprise or business of the person or with the part of the enterprise or 
business within which the patented invention is being exploited. 
(8) Where the exploitation of the invention by the Government agency or third person 
designated by the Federal Gov~rnment is authorized under clause (i) of sub-section (1)1 it shall be 
predominantly for the supply of the market in Pakislan. 
(9) Upon request of the owner of the patent, or of the Government agency or of the third person 
authorized to exploit the patented invention, the Federal Government may, after hearing the parties, if 
either or both wish to be heard, vary the terms of the decision authorizing the exploitation of the 
patented invention to the extent that changed circumstances justify such variation. 
(10) Upon the request of the owner of the patent, the Federal Government shall tenninate an 
authorization if it is satisfied, after hearing the parties, if either or both wish to be heard, that the 
circumstances which led to his decision have ceased to exist and are unlikely to recur or that the 
Government agency or third person designated by it has failed to comply with the tenns of the decision. 
(11) Notwithstanding the provisions of sub-section (10), the FederaJ Government shall not 
terminate an authorization if it is satisfied that the need for adequate protection of the legitimate 
interests of the Government agency or third person designated by it justifies the maintenance of the 
decision. 
(12) An appeal shall lie to the High Court against the decisions of the Federal Government 
under sub-sections (1) to (9). 
59. Powers of Controller in granting compulsory licenses.- (1) On request, made to the Controller 
after the expiration of a period of four years from the date of filing of the patent application or three 
years from the date of the grant of the patent, whichever period expires last, the Controller may issue a 
non-voluntary license if he is satisfied that the patented invention is not exploited or is insufficiently 
exploited, by working the .invention locally or by importing in Pakistan. IPIN/1/PAK/P/1 
Page 31 
(2} Notwithstanding the provisions of sub-section (I), a non-voluntary license shall not be 
issued if the owner of the patent satisfies the Controller that circumstances exist which justify the non­
exploitation or insufficient exploitation o( the patented invention in Pakistan. 
(3) The decision issuing the non-voluntary license shall fix­
(i) the scope and function of the license; 
(ii) the time limit within which the licensee must begin to exploit the patented 
invention; and 
(iii) the amount of the adequate remuneration to be paid. to the owner of the patent and 
the conditions of payment. 
(4) The beneficiary of the non-voluntary license shall have the right to exploit the patented 
invention in Pakistan according to the terms set out in the decision issuing the license, shall commence 
the exploitation of the patented invention within the time limit fixed·in the said· decision and, thereafter, 
shall exploit the patented invention sufficiently. 
(5) If the invention claimed in a patent, hereinafter referred to as "later patent", cannot be 
exploited in Pakistan without infringing a patent granted on the basis of an application benefiting from 
an earlier filing or, where appropriate, priority date, hereinaftet referred to as "earlier paten!", and 
provided that the invention claimed in the later patent involves an important technical advance of 
considerable economic importance in relation· to the invention claimed. ifl the earlier patent, the 
Controller, upon the request of the owner of the later patent, may issue a non;.voluntary license to the 
extent necessary to avoid infringement of the earlier patent. 
(6) Where a non-voluntary license is issued under sub-section (4), the Controller upon the 
request of the owner of the earlier patent shall issue a non-voluntary license in respect of the later 
patent. 
(7) In the case of a request for the issuance of a non-voluntary license under sub-sections (3) 
and (4), sub-section (2) shall apply mutatis mutandis with the provision that no time limit needs to be 
fixed. 
(8) In the case of a non-voluntary license issued under sub-section (3), the transfer 'may be 
made only with the later patent, or, in the case of a' non-voluntary license issued under sub-section (4), 
only with the earlier patent. 
(9) The request for the issuance of a non-voluntary license shall be subject to payment of the 
prescribed fee. . 
(to) The provisions of sub-sections (2) to (to) of section 58 shall apply mutatis mutandis for 
issuance of a non-voluntary license under this section. TP/N/1/PAK/P/1 
Page 32 
CHAPTER xvn 
PROCEEDINGS FOR INFRINGEMENT OF PATENTS 
60. Suit for infringement of n pntent.-(1) A patentee may institute a suit in a District Court having 
jurisdiction to try the suit against any person who, during the continuance of a patent acquired by him 
under this Ordinance in respect of an invention, makes, sells or uses the invention without his license, or 
counterfeits it, or imitates it: 
Provided that, where a counter-claim for revocation of the patent is made by the defendant, 
the suit, along with the counter-claim, shall be transferred to the High Court for decision. 
(2) Every ground on which a patent may be revoked under the provisions ofthi5 Ordinance'shaH 
be available by way of defence to a suit for infringement. 
61. Reliefs in suits for infringement.- (1) In any suit for infringement the Court shall have the powcr· 
(i) to order to desist from infringement; 
(ii) to prevent the entry into the channels of commerce of imported goods that involve 
the infringement immediately after custom c1eanlnce of such goous; 
(iii) to order the infringer to pay to the right holder damages adequate to compensate for 
the injury he has suffered because of infringement; 
(iv) to pay the right holder expenses which may include appropriate attorney's fee; 
(v) in appropriate cases, to order recovery of profits, damages and pre·established 
damages even where the infringer did not knowingly or with reasonable ground to 
know, engage in infringing; 
(vi) to order that goods found to be infringing be , without compensation of any sought, 
disposed off outside the channels of commerce; 
(vii) to order that material and implements the predominant use of which has been in the 
creating of infringing goods be , without compensation of any sought, disposed off 
outside the channels of commerce in such a manner as to minimize risk of further 
infringement, and in considering such orders, the need for proportionality between 
seriolllsness of infringement and remedies ordered as well as interests of thIrd parties 
!;hall be taken into account; 
(viii) unless this w.ouId be out of proportion to the seriousness of infringement, to order 
. infringer to infonn the right holder of the identity of third parties involved in 
production and distribution of the infringing goods and of their channels of 
commerce; and 
(ix) to order a party at whose .request measures were taken and who has abused 
enforcement procedure, to provide to a party wrongfully enjoined or restrained, 
adequate compensation for injury suffered because of such abuse; and 
(x) to order the applicant 10 pay the defendant expenses, which may include appropriate 
attorney's fee. · (2) In any suit for infringement-fPINI1 IPAK/PI1 
Page 33 
(a) the Court shall have the authority to order prompt and effective provisional measures­
(i) to prevent an infringement, and in particular, to prevent the' entry into the channels 
of conunerce of goods, including imported goods after custom clearance; and 
(ii) to preserve relevant evidence in regard to the alleged infringement; 
(b) the Court shall have the authority to order provisional measures, inaudita altera parte 
where appropriate, in particular, where any delay is likely to cause irreparable harm to 
the right holder, or where there is a demonstrable risk of evidence being destroyed; 
Cc) the Court shall have the authority to require the applicant to provide any reasonably 
available evidence to satisfy it with a sufficient degree of certainty that the applicant 
is the right holder and that the applicant's right is being infringed or that such 
infringement is imminent, and to order the applicant to provide a security or equivalent 
a~urance sufficient to protect the defendant and to prevent abuse; 
(d) where provisional measures have been adopted ,inaudita altera parte, the parties 
affected shall be given notice, without delay after the execution of the measures at the 
latest, and a reyiew,' including a right to be heard, shall take place upon request of the 
defendant with a view to deciding within a reasonable period. after the notice of the 
measures, whether these measures shall be modified, revoked or confirmed; 
(e) the Court may require the applicant to supply other information necessary for 
identification of the goods concerned; 
(f) without prejudice to the provisions of cIa use (d), provisional measures taken on the basis 
of clauses (a) and (b) shall ,upon the request of the defendant, be revoked or otherwise 
cease to have affect if proceedings leading to a decision on the merit of the case are not 
initiated within a reasonable period not to exceed twenty working days or thirty-onc 
calendar days; and 
(g) where the provisional measureSLare revoked or where they lapse due to any act or 
omission by the applicant, or where it is subsequently found that there has been no 
infringement or threat of infiingement, the Court shall have the authority to order the 
applicant, upon request of the defendant, to provide the defendant appropriate 
compensation for an injury caused by these measures. 
62. Damages not to be awarded against defendant in certain cases.-(1) In proceedings for the 
infringement of a patent, damages shall not be awarded against a defendant who proves that at the date 
of the infringement he was not aware, and had not reasonable ground for supposing, that the patent 
existed, and a person shall not be deemed to have been aware or to have had reasonable grounds for 
supposing as aforesaid by reason only of the application to an article of the word 'patent", "patented", or 
any word or words expressing or implying that a patent has been obtained [or the article, unless the 
number of the patent accompanied the word or words in question. 
(2) Nothing in this section shall affect the power of the Court to grant an injunction in any 
proceedings for infringement of a patent. IP IN/liP AK/P /I 
Page 34 
63. Relief for infringement of partially vaJid spccification.- (l) If in any proceedings for infringement 
of a patent it is found that any claim of the specification, being a claim in respect of which infringement 
is alleged, is valid, but that any other claim is invalid, the Cow·t may grant relief in respect of any valid 
claim which is infringed: 
Provided that the Court shall not grant relief by way of damages or costs except in the 
circumstances mentioned in sub-section (2). 
(2) Where the plaintiff proves that the invalid claim was framed in good faith and with 
reasonable skill and knowledge, the Court shall grant relief in respect of any valid claim which is 
infringed subject to the discretion of the Court as to costs and as to the date from which damages should 
be reckoned. 
64. Proceedings for infringement by exclusive licensee.- The holder of an exclusive license under a 
patent shall have the like right as the patentee to take proceedings in respect of any infringement of the 
patent committed after the date of the license, and in awarding damages or granting any other relief in 
any such proceedings the Court shall take into consideration any loss suffered or likely to be suffered by 
the exclusive licensee as such or, as the case may be, the profits earned by means of the infringement so 
far as it constitutes an infringement of the rights of the exclusive licensee as such. 
65. Certificate of contested validity of specification.- (1) If in any proceedings before the Court the. 
validity of any claim of a specification is contested, and that claim is found by the Court to be valid, the 
Court may certify that the validity of that Claim was contested in those proceedings. 
(2) Where any such certificates has been granted, then, if in any subsequent proceedings before 
the Court for infringement of the patent or for revocation of the patent. a final order or judgement is 
made or given in favour of the party relying on the validity of the patent, that party shall. unless the 
Court otherwise directs, be entitled to the full costs so far as they concern the claim in respect of which 
the certificate was granted: 
Provided that this sub-section shall not apply to the costs of any appeal In any such 
proceedings as aforesaid. 
66. Remedy for groundless threats of infringement proceedings.- (1) Where any person, whether 
entitled to or interested in a patent or an application for a patent or not, threatens any other person by 
circulars, advertisements or otherwise with proceedings for infringement of a patent, any person 
ag!,'Tieved thereby may bring suit against him for any such relief as is specified in sub-section (2). 
(2) Unless in any suit under sub-section (1) the defendant proves that the acts in respect of 
which proceedings were threatened constitute or, if done, would constitute, an infringement of a patent 
or of rights arising from the publication of a complete specification in respect of a claim of the 
specification not shown by the plaintiff to be invalid, the plaintiff shall· be entitled to the following 
reliefs. namely:-(a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; and 
(c) such damages, if any, as he has sustained thereby. TP/N/l/PAK/PI1 
Page 35 
(3) For the avoidance of doubt, it is hereby declared that a mere notice of the existence of a 
patent does not constitute a threat of proceedings within the meaning of sub-section (1). 
67. Power of Court to make declaration as to non-infringcment.- (1) A declaration that the use by 
any person of any process, or the making or use or sale by any person of any article, does not or would 
not constitute an infringement of a claim of a patent may be made by the Court in proceedings between 
that person and the patentee or the holder of an exclusive license under the patent, notwithstanding that 
no assertion to the contrary has been made by the patentee or licensee, if it is shown-
(a) that the plaintiff has applied in writing to the patentee or licensee for a written 
acknowledgement to the effect of the declaration claimed, and has furnished him with 
full particulars in writing of the process or article in question; and 
(b) that the patentee or licensee has refused or neglected to give"such an acknowledgement. 
(2) The costs of all parties in proceedings for a declaration brought by virtue of this section 
shall, unless for special reasons the Court thinks fit to order otherwise, be paid by the plaintiff. 
" (3) The validity of a claim of the specification of a patent shall not be called in question in 
proceedings for a declaration brought by virtue of this section, and accordingly the making or refusal of 
such a declaration in the case ofa patent shall not be deemed to imply that the patent is valid. 
(4) Proceedings for a declaration may be brought by virtue of this section at any time after the 
date of the 'publication of the complete specification in pursuance of an application for a patent, and 
references in thi~ section to the patentee shall be construed accordingly. 
68. Power of Court to appoint scientific advisers.- (I) ill any suit for infringement or in any 
proceedings before a Court under this Ordinance, the Court may at any time, and whether or not an 
application has been made by any party for that purpose, appoint an independent scientific adviser to 
assist the Court or to inquire and report upon any such question of fact or of opinion, not involving a 
question of interpretation of law, as it may fommlate for the purpose. 
(2) The remuneration of the scientific adviser appointed under sub-section (1) shall be fixed by 
the Court and shall include the costs of making a report and a proper daily fee for any day on which the 
scientific adviser may be required to attend before the Court, and such remuneration shall be defrayed 
out of moneys provided by the Federal Government for the purpose. IP/N/l/PAK/P/l 
Page 36 
CHAPTER XVIII 
APPEALS 
69. Appeals.- (1) No appeal shall lie from any decision, order or direction made or issued under this 
Ordinance by the Federal Government, or from any act or order of the Controller for the purpose of 
giving effect to any such decision, order or direction, 
(2) The public authorities and officials shall be exempted from liability to appropriate remedial 
measures where actions are taken' or intended in good faith in course of administration of this 
Ordinance. 
(3) Subject to sub-section (1), an appeal shall lie to the High Court from any-decision, order or 
direction of the Controller or, as the case may be, the Federal Government under any of the provisions 
of this Ordinance. 
(4) Every appeal under this section shall be in writing and shaH be made within three months 
from the date of the decision, order or direction of the Controller, as the case may be, of the Federal 
Government, or within such further time as the High Cotirt may anow. 
70. Procedure for hearing appeals.- (1) Every appeal before the High Court shall be by petition and 
shall be in such form and shall contain such particulars as may be provided by rules made by the High 
Court. 
(2) Every appeal under this section shall be heard by a single Judge of the High Court: . 
Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the 
proceedings to a larger Bench of the High Court. 
(3) Every appeal under this section shall be heard as expeditiously as possible -and endeavor 
shall be made to decide the appeal within a period of twelve months from the date on which it is filed. 
CHAPTER XIX 
PENALTIES 
71. Penalty for contravention of secrecy provisions relating to certain inveotions.- If any person 
fails to comply with any direction given under section 25 or makes or causes to be made an application 
for the grant of a patent in contravention of section 26, he shall be punishable with imprisonment for a 
term which may extend to two years, or with fine not exceeding twenty thousand rupees, or with both. IPINllIPAK/PIl 
Page 37 
72. Penaltv for false entry in any register, etc.-If any person -makes, or causes to be made, a false 
entry in any register kept under this Ordinance, or a writing falsely purPorting to be a copy of an entry 
in such a register, or produces or tenders, or causes to be produced or tendered, in evidence any such 
writing knowing the entry or writing to be false, he shall be punishable with imprisonment for a tenn 
which may extend to two years, or with fine not exceeding twenty thousand rupees, or with both. 
73. Penalty for false representation.- If any person falsely represents that any article sold by him is 
patented in Pakistan or is the subject of an application for a patent in Pakistan; he shall be punishable 
with fine which may extend to five thousand rupees. 
Explanation 1.-For the purposes of this section, a person shall be deemed to represent-
(a) that an article is patented in Pakistan if there is stamped, engraved or impressed on, 
or otherwise applied to, the artic1e the word "patent" or ';patented" or some other 
word expressing or implying that a patent for the article has been obtained in 
Pakistan; or 
(b) that an article is the subject of an application for a patent in Pakistan, if there are 
stamped, engraved or impressed on, or otherwise applied to, the article the words 
"patent applied for", "patent pending", or some other words implying that an 
application for a patent. for the article has been made in Pakistan. 
Explanation 2.-The use of words "patent", "patented", "patent applied for", "patent 
pending" or other words expressing or implying that an article is patented or that a patent has been 
applied for shail be deemed to refer to a patent in force in Pakistan, or to a pending application for a 
patent in Pakistan, as the case may be, unless there is an accompanying indication that the patent has 
been obtained or applied for in any country outside Pakistan. 
74. Penalty for wrongful use of words "patent office".-If any person uses on his place of business or 
any document issued by him or otherwise the words "patent office" or any other words which would 
reasonably lead to the belief that his place of business is, or is officially connected with, the Patent 
Office, he shaH be punishable with a fine which may extend to one thousand rupees and, in the case of a 
continuing offence, with a further fine of one hundred rupees for every day after the first during which 
the offence continues. 
75. Penalty for refusal or failure to supply information.- (1) If any person refuses or fails to furnish 
to the Controller any information or statement which he is required to furnish by or. under this 
Ordinance, he shall be punishable with fine which may extend to two thousand rupees. 
(2)Jf any person, being required to furnish any such infonnation as is referred to in sub-section 
(1), furnishes information or a statement which is false, and which he either knows or has reason to 
believe to be false or does not believe to be true, he shall be punishabJe with fine which may extend to 
ten thousand rupees. IP/N/l/PAK/P!1 
Page 38 
76. rtptty for contravent~on of se.ction 2.0'-!f the app1ic~ntfail~ to fil~ the statem~nt required und~r 
section 2() or has furnished mfonnatlOn whIch In any materIal partIcular IS false to hIS knowledge or If 
he faits ~ comply with the Controller's req\lest within the specified time, he shall be punishable with 
fine whi<itl may extend to two ~ousand rupees. 
77. Penalty for practice bi non-registered patent agents.-If any person contravenes the provisions of 
section 82, he shall be p~ishable with fine which may extend to five hundred rupees in the case of a 
first offence and one t~sand rupees in the case of a second or subsequent offence. , 
78. Rffence..i by.tompanies.- (1) If the person committing an offence under this Ordinance is a 
compailY, the company as well as every person in charge of, and responsible to, the company for the 
coJldUCt of its business at the time of the commission of the offence shall be deemed to be guilty of the 
oftatce and shall bt liable to be proceeded against and punished accordingly: 
Bfl>vided that nothing contained in this sub-section shall render any such person liable to any 
punishme,.Ji ifhe proves that the offence was committed without his knowledge or that he exercised all 
due djf~nce to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), where an offence under this 
Ordinance has been committed by a company and it is proved that the offence has been committed with 
t\e conselt or connivance of, or that the commission of the offence is attributa:l to any neglect on the 
part of, <I1y director, manager, secretary or other officer of the company,' such director, manager, 
se!;retary or other officer shall also be deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
ExpJanation.- For the purpose of this section-
(a) "companY'~'~.Ji'eans any body corporate and includes a firm or other association of 
individuals; and 
(b) "director" in relation to a firm, means a partner in the finn. 
CHAPTER XX 
PATENT AGENTS 
79. Register of patent agents.- There shall be kept at the Patent Office a .register of patent agents 
wherein shall be entered the names anq addresses of all persons qualified to· practice before the Patent 
Office as patent agents. . 
80. Registration as patent agent.-The Controller may, on an application made in the prescribed 
manner, register as a patent agent any person who is a citizen of Pakistan, has completed the age of 
twenty-one years, possesses the prescribed qualifications and has paid the prescribed fee. IPfNl1 fPAKfPfl 
Page 39 
Si. ~rfptlon and verification of certain documents by patent agents.- (1) Subject to sub-section 
(2) and:,uIOs, all applications and comnunications to the Controller under this Ordinance may be signed 
by a patent agent authorized in writil1g il this behalf by the person concerned. 
(2) The following documents, naJllely,­
(i) applica~ns fer patents; 
(ii) applitations for the restoration of lapsed patents; 
(iii) p6tices of opposition; 
(it) applicatioru for leave to amend; 
{v) applications for co~ulsory licences or for revocation; and 
(vi) notices of surrender of patents, 
v~lall be signed and verified in the prescribed manner by the person making such applications or giving 
. such notices: 
Provided thllt, if such person is absent from Pakistan, they may be signed and verified by a 
patent agent authorized by him in writing in that behalf. . 
82. Restrictions on practice as patent agent.-(1) No person, either alone or in partnership with any 
other person, shall practice or describe or hold himself out as a patent agent, or pennit himself to be so 
described or held out, unless he is registered as a patent agent or, as the case may be, unless he and all 
his partners are so registered. 
(2) No company or other body corporate shall practice or describe or hold itself out as a patent 
agent or pennit itself to be so described or held out. 
Explanation.- For the purposes of this section, practice as a patent agent includes any of the 
following acts, namely:-
(a) applying for or obtaining patents in Pakistan or elsewhere; 
(b) preparing specifications or other documents for the purposes of this Ordinance or 
of the patent law of any other country; and 
(c) giving advice, other than advice of a scientific or technical nature, as to the 
validity of patents or their infringement. 
83. Removal from register of patent agents and restoration.- (1) The Federal Government may 
remove the name of any person from the register of patent agents when it is satisfied, after giving that 
persoh a reasonable opportunity of being heard and after such further inquiry, if any, as it thinks fit to 
make-
(i) that his name has ~een entered in -the register of patent agents by error or on 
account of misrepresentation or suppression of material facts; or IP/N/1/PAKlP/I 
Page 40 
(ii) that he has been convicted of any offence and sentenced to a term of imprisonment 
or has been guilty of misconduct in his professional capacity which in the opinion 
of the Fed~ral Government renders him unfit to be kept in the register of patent 
·agents. 
(2) The Federal Government may, on application and on sufficient cause being shown, restore 
to the register of patent agents the name of any person removed there from. 
84. Power of Controller to refuse to recognize as agent.-(1) Subject to any rules made in this behalf, 
the Controller may refuse to recognize as agent in respect of any business under this Ordinance-
(a) any person whose name has been removed from, and not restored to, the register of 
patent agents; 
(b) any person who has been convicted of an offence under section 77; 
(c) any person, not being registered as patent agent, who in the opinion of the Controller 
is engaged wholly or mainly in acting as agent in applying for patents in Pakistan or 
elsewhere in the name or for the benefit of the person by whom he is employed; or 
(d) any company or firm, if-any person whom the Controller could refuse to recognize as 
patent agent in respect of any business under this Ordinance, is a director or manager 
of the company or is a partner in the finn . 
. (2) The Controller shaH· refuse to recognize as agent in respect of any business under this 
Ordinance any person who neither resides nor has a place of business in Pakistan. 
85. Saving in respect of other persons authorize to act as agents.- Nothing in this Chapter. shall be 
deemed to prohibil-
(a) the applicant for a patent or any person, not being a patent agent, who is duly 
authorized by the applicant from drafting any specification or appearing or acting 
before Controller; or 
(c) an advocate, not being a patent agent, from taking part in any proceedings under this Ordinance 
otherwise than by way of drafting any specification. 
(d) 
CHAPTER XXI 
INTERNATIONAL ARRANGEMENTS 
86. Power of the Federal Government to declare a country as Convention country.- (1) ·With a. 
view to the fulfillment of a treaty, convention or arrangement 'between Pakistan and any other country, 
the Federal Government may, by notification in the official Gazette, declare such country to be the 
Convention country for the purposes of this Ordinance, in addition to the memhers of the World Trade 
Organization. rPIN11/PAK/P/1 
Page 41 
(2) A declaration under sub-section (1) may be made for the purposes either for all or for some 
only of the provisions of this Ordinance, and a country in the case of which a declaration made for the 
purposes of some only of the provisions of this Ordinance is in force shall ~e deemed to be a Conven­
tion country for the purposes of those provisions only. 
87. Supplementary provisions as to ct;onvention appIication.- For the purposes of this Ordinance, any 
matter shall be deemed to have been aisc10sed in an application for protection in a Convention country 
if it was claimed or disclosed, otherwise than by way of disclaimer or acknowledgement of prior art, in 
that application or in any document submitted by the applicant for protection in support of and at the 
same time as that application, but no account shall be taken of any disclosure effected by any stich 
document unless a copy of the document is filed in the Patent Office with the Convention application· in 
accordance with the provisions of section 88. 
88. Documents to be filed with a Convention application.- (1) Where a Convention application is 
made under this Ordinance, the applicant shall furnish, in addition to the complete specifications, copies 
of the specifications or corresponding documents filed or deposited by the applicant in the patent office 
of the Convention country in which the relevant application was made, certified by the official chief or 
head of the patent office of the Convention country, or otherwise verified to the satisfaction of the 
Controller, along with the application or within three months thereafter, or within such further period as 
the Controller may on good cause allow. 
(2) If any such specification or other document referred to in sub-section (1) is in a foreign 
language, a translation into English of the specification or document, verified by affidavit or otherwise 
to the satisfaction of the Controller, shall be annexed to the specification or document. 
(3) For the purposes ofthis Ordinance, the date on which an application was made 
in a Convention country is such date as the Controller is satisfied, by 
certificate of the official chief or head of the patent office of the Convention 
country or otherwise, is the date on which the application was made in that 
Convention country. 
CHAPTER XXII 
MISCELLANEOUS 
89. Fees.-(I) There shall be paid in respect of the grant of patents and applications there for, and in 
respect of other matters in relation to patents under this Ordinance, such fees, to the Patent Office, as 
may be prescribed by the Federal Government. . 
(2) Any proceedings in respect of which a fee is payable under this Ordinance or the rules shall 
be of no effect unless the fee has been paid. IPINIl IPAK/P/l 
Page 42 
90. Restrictions upon publication of specifications, etc.-Subject to the provisions of Chapter VII, an 
application for a patent, and any specification fileq in pursuance thereof, shall not, except with the 
consent of the applicant, be published by the Controller or be open to public inspection at any time 
before the date of advertisement of acceptance of the application in the official Gazette. 
91. Reports of examiners to be confidential.- The reports of examiners to the Controller under this 
Ordinance shaH not be open to public inspection or be published by the Controller, and such reports 
shall not be liable to production or inspection in any legal proceedings unless the Court certifies that the 
production or inspection is desirable in the interests of justice, and ought to be allowed. 
92. Publication of patented illvclltions.- The Controller shall issue periodically a publication 
containing such infonnation relating to patented inventions as the Federal Government may direct. 
.93. Power of Controller to call for inform~tion from patentees.- (1) The Controller may, at any time 
during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or 
otherwise, to furnish to him within two months from the date of such notice or within such further time 
as the Controller may allow, such information or such periodical statements as to the extent to which the 
patented invention has been commercially worked in Pakistan as may be specified in the notice. 
(2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee, 
whether exclusive or otherwise, shall furnish in such manner and form and at such intervals, not being 
less than six months, as may be prescribed, statement as to the extent to which the patented. invention 
has been worked on a commercial scale in Pakistan. 
(3) The Controller may publish the information received by him under sub-section (1) or sub­
section (2) in such manner as may be prescribed. 
94. Evidence of entries, documents, ctc.-(1) A certificate purporting to be signed by the Controller as 
to any entry, matter or thing which he is authorized by this Ordinance or any rule to make or do, shall be 
prima facie evidence of the entry having been made and of the contents thereof and of the matter or 
thing having been done or omitted to be done. 
(2) A copy of any entry in any Register or of any document kept in the Patent Office or of any 
patent, or an extracts from any such Register or document, purporting to be certified by the Controller 
and sealed with the· seal of the Patent Office shall be admitted in evidence in all courts, and in all 
proceedings, without further proof or production of the original. 
(3) The Controller or any other officer of the Patent Office shall not, in any legal proceedings to 
which he is not a party, be compelIable to produce the Register or any other document in his custody, 
the contents of which can be proved by the production of a certified copy issued under this Ordinance or 
to appear as a witness to prove the matters therein recorded unless by order of the Court made for 
special causes. IP!Nf1fPAKfPIl 
Page 43 
95. Declaration by infa.nts, lunatics, ctc.-(1) If any person is, by reason of minority, lunacy or other 
disability, incapable of making any statement or doing anything required or pennitted by or under this 
Ordinance, the lawful guardian, committee or manager, if any, of the ~:!rson subject to the disability, or 
if there be none, any person appointed by any Court having jurisdiction in respect of his property, may 
make such statement or a statement as nearly corresponding thereto as circumstances pennit, and do 
such thing in the name and on behalf of the person subject to the disability. 
(2) An appointment may be made by tf~e Court for the purposes of this section upon the 
petition of any person active on behalf of the person subject to thc disability or of any other person 
interested in the making of the statement or the doing of the thing. . 
96. Service of notice, etc., by post.-Any notice required or authorized to be given by or under this 
Ordinance, and any application or other document so authorized or required to be made or filed, may be 
given, made or filed by post. 
97. Security for cost.-If any party by whom notice of any opposition is given under this Ordinance or 
by whom application is made to the Controller for the grant of a licence under a patent neither resides 
nor carries on business in Pakistan, the Controller may require him to give security for the costs of the 
proceedings, and in default of such security being given may treat the opposition or application as 
abandoned. 
98. Transmission of orders of High Court or Court to the Controller.- (1) Every order of the High 
Court on a petition for revocation, including an order granting certificate. of validity of any claim, shall I 
be transmitted by the High Court to the Controller who ~hall cause an entry thereof and reference 
thereto to be made in the Register. 
(2) Where in any suit for infringement of a patent or in af1Y suit under section 60 the validity of 
any claim or a specification is contested and that claim is found by the Court to be valid or nolvalid, as 
the case may be, the Court shall transmit a copy of its judgement and decree to the Controller who shall 
on receipt thereof cause an entry in relation to such proceedings to be made in the prescribed manner in 
a supplemental record. 
(3) The provisions of sub-sections (1) and (2) shall also apply to the Court to which appeals are 
referred against decisions of the Courts referred to in those sub-sections. 
99. Transmission of copies of specifications, etc., and inspection thereof.- Copies of all such 
specifications drawings and amendments left at the Patent Office as become open to public inspection 
under the provisions of the Ordinance shall be transmitted, as soon as may be, after the printed copies 
thereof are available, to such authorities as the Federal Government may appoint in this behalf, and shall 
be open to the inspection of any person at all reasonable times at places to be specified by. those 
authorities with the approval of the Federal Government. JP/N/1/PAK/P/l 
Page 44 
100. Information relating to patcnts.- Any person making a request to the Controller in the prescribed 
manner for information relating to any such matters, as may be prescribed, as respects any patent 
specified in the request or as respects any application for a patent so specified shall be entitled, subject 
to the paymen(ofthe prescribed fee, to have infonnation supplied to him accordingly. 
101. Loss or destruction of patents.- If a patent is lost or destroyed, or its non-production is accounted 
for to the satisfaction of the Controller, the Controller may at any time, on application made in the 
prescribed manner and on payment of the prescribed fee, cause a duplicate thereof to be sealed and 
delivered to the applicant. 
102. Patent to bind the Government.- Subject to the other provisions of this Ordinance, a patent shall 
have to all intents the like effect as against the Government as it has against any person. . 
103. Right of the Government'to sell or use forfeited articles.- Nothing in this Ordinance shall affect 
the power of the Government or of any person deriving title directly or indirectly from the Government 
to sell or use any articles forfeited under any law for the time being in force. 
104. Power of High Court to make rules.-The High Court may make rules consistent with this 
Ordinance as to the conduct and procedure in respect of al1 proceedings before it under this Ordinance. 
105. Power of the Federal Government to make rules.-(1) The Federal Government may, by 
notification in the official Gazette, make mles for carrying out the purposes of this Ordinance. 
(2) In particular and without prejudice to the generality of the foregoing power, such rules may 
provide for al1 or any of the following matters, namely:-
(i) the fonn and manner in which any application for a patent, ·any specifications or 
drawings, and any other application or document may be filed in the Patent 
Office; . 
(ii) the time within which any act or thing may be done under this Ordinance, 
including the manner in which and the time within which any matter may be 
advertised under this Ordinance; 
(iii) the fees which may be payable under this Ordinance and the manner of payment of 
such fees; 
(iv) the matters in respect of which an examiner may make a report to the Controller; 
(v) the fonn of request for sealing ofa patent; 
(vi) the form and manner in v·:hich and the time within which any notice may be given 
under this Ordinance; 
(vii) the provisions which may be inserted in an order for restoration of a patent for the 
protection of persons who may have availed themselves of the subject-matter of 
the patent after the patent had ceased; 
(viii) the maintenance of the Register and the matters to be entered therein; IPlN/I/PAK/PII 
Page 45 
(ix) the time when and the manner in which the Register and any other document open 
to inspection may be inspected under this Ordinance; 
(x) the qualifications of and the preparation or a roll of" scientific aJ\'isers It)r the 
purpose of sectiol1 68; 
(xi) the manner in which allY compensation f()r acquisition by the Governmenl of an 
invention may be paid; 
(xii) the manner in which the register or patent agents may be maintained. and matters 
connected wi th the practice and conduct of the patent agents; and 
(xiii) the regulation of thc making. printing, publishing ,)T1d selling of indexes to, alld 
abridgemenls of. specifications and other documenls ill the Patent o nice. and 
inspection of indexes und abridgcll1cnts and other doclIments. 
(3) The power to make nlles under this section slmll be subject to the condition of lhe rules 
being made afier previous, publication. 
106. Repeal Rlld sAvings.-(I) The Patents Clnd Designs Act, 1911 (11 ofl911). is hereby repealed. 
(2) Notwithstanding the repeal of the Patents and Designs Act, 1911 (11 of 1911), the renewal 
fee in respect of a patent granted under that Act shall be as lixcd thercunder. 
(3) Save as otherwise provided ill suh-section (2), the provisions ofthis On.linancc shall apply to 
any application for Cl patent pending m~thc commencement of this Ordinance and to <lily proceedings 
consequent lhereon, and to any patent granted in )ll!rsuance thereof. 
(4) Notwithstanding anything cont<lined in this Ordinance, any suit for infringcmcnt or a patent, 
or any proceedings for revocation of a patent, pending in any Court Qh.the commencement of this 
Ordinance, may be continued and disposed of under the Patents and Designs Act, 1911 (\I of 1911), as 
if this Ordinance had not come into force, provided that the provisions of section 31 shall apply to the 
term'ofa patent. 
MUHAMMAD RAFIQ TARAR, 
President. 
MR. JUSTICE 
FAQIR MUHAMMAD KHOKHAR, 
Secretarv . . '