Patents Ordinance, 2000

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 THE PATENTS ORDINANCE, 2000  
 
 
 
 
 
 
 
CONTENTS 
___________ 
 
CHAPTER I  
PRELIMINARY 
 
1. Short title, extent and commencement. 
2. Definitions. 
CHAPTER II  
ADMINISTRATION 
 
3. Appointment of Controller and other officers. 
4. Patent Office. 
5. Officers and employees incapable of an interest in a patent. 
6. Officers and employees not to divulge certain information or advise in certain  matters. 
 
CHAPTER III  
PATENTABILITY 
 
 
7. Patentable inventions. 
8. Novelty. 
9. Inventive step. 
10. Industrial application. 
 
 
 
Updated Till 22.8.2022
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CHAPTER IV  
APPLICATIONS 
 
11. Persons entitled to make an application for patent. 
12. Right to patent for invention made by employee. 
13. Application for patent. 
14. Complete and provisional application. 
15. Contents of specification. 
 
CHAPTER V  
EXAMINATION OF APPLICATIONS 
 
16. Examination of application. 
17. Reference to other patent. 
18. Substitution of applicants, etc. 
19. Time for putting application in order of acceptance. [Omitted] 
20. Power of Controller to require certain information and documents relating to foreign 
application. 
21. Acceptance of complete Specification. 
22. Effect of acceptance of complete Specification. 
 
CHAPTER VI  
OPPOSITION TO GRANT OF PATENT 
 
23. Opposition to the grant of patent. 
24. Third Party Observations on Patentability. 
 
CHAPTER VII 
PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 
 
25. Information prejudicial to defence of Pakistan or safety of public. 
26. Residents not to apply outside Pakistan without permission. 
 
 
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CHAPTER VIII 
GRANT AND SEALING OF PATENT 
27. Grant and sealing of patent. 
28. Amendment of patent granted to a deceased person. 
29. Date of patent. 
30. Rights conferred by patent. 
31. Term of patent. 
32. Grant of patents to be subjected to certain conditions. 
 
CHAPTER IX 
MISCELLANEOUS PROVISIONS AS TO RIGHTS IN INVENTIONS 
33. Priority date in case of invention obtained from other person. 
34. Grant of patent to two or more persons. 
35. Power of Controller to give directions to co­owners. 
36. Power of Controller or Court to determine the matter in dispute between employer  and 
employee. 
37. Avoidance of restrictive condition in contracts. 
38. Determination of certain contracts. 
 
CHAPTER X  
PATENTS OF ADDITION 
39. Patents of addition. 
40. Term of patents of addition. 
41. Patent of addition not to be refused, etc. 
 
CHAPTER XI  
AMENDMENT OF SPECIFICATION 
42. Amendment of specification with leave of Controller. 
43. Amendment of specification with leave of High Court. 
44. Supplementary provisions as to amendment of specification. 
 
  
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CHAPTER XII  
RESTORATION OF LAPSED PATENTS 
45. Restoration of lapsed patents. 
 
CHAPTER XIII 
REVOCATION AND SURRENDER OF PATENTS 
46. Revocation of patent by High Court. 
47. Revocation of patent by Controller. 
48. Revocation of patent by the Federal Government. 
49. Revocation of surrendered patent by Controller. 
 
CHAPTER XIV  
POWERS OF CONTROLLER 
50. Controller to have certain powers of a civil court. 
51. Power of Controller to correct clerical errors. 
52. Evidence before Controller. 
53. Exercise of discretionary powers by Controller. 
 
CHAPTER XV  
REGISTER OF PATENTS 
54. Register of Patents. 
55. Registration of assignments, transmissions, etc. 
56. Power of High Court regarding rectification of the Register. 
57. Inspection of, and extracts from, the Register, etc. 
 
CHAPTER XVI 
COMPULSORY LICENCES, LICENCES OF RIGHT, EXPLOITING OF   
PATENTS AND REVOCATION 
58. Exploitation by a Government agency or third person. 
59. Powers of Controller in granting compulsory licenses. 
 
 
 
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CHAPTER XVII 
PROCEEDINGS FOR INFRINGEMENT OF PATENTS 
60. Suit for infringement of a patent. 
61. Reliefs in suits for infringement. 
62. Damages not to be awarded against defendant in certain cases. 
63. Relief for infringement of partially valid specification. 
64. Proceedings for infringement by exclusive licensee. 
65. Certificate of contested validity of specification. 
66. Remedy for groundless threats of infringement proceedings. 
67. Power of Court to make declaration as to non infringement. 
68. Power of Court to appoint scientific advisers. 
 
CHAPTER XVIII   
APPEALS 
69. Appeals. 
70. Procedure for hearing appeals. 
 
 
CHAPTER XIX  
PENALTIES 
71. Penalty for contravention of secrecy provisions relating to certain inventions. 
72. Penalty for false entry in any register, etc. 
73. Penalty for false representation. 
74. Penalty for wrongful use of Words “patent office”. 
75. Penalty for refusal or failure to supply information. 
76. Penalty for contravention of section 20. 
77. Penalty for practice by non­registered patent agents. 
78. Offences by companies etc. 
CHAPTER XX 
PATENT AGENTS 
79. Register of patent agents. 
80. Registration as patent agent. 
  
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81. Subscription and verification of certain documents by patent agents. 
82. Restrictions on practice as patent agent. 
83. Removal from register of patent agents and restoration. 
84. Power of controller to refuse to recognize as agent. 
85. Saving in respect of other persons authorize to act as agents. 
CHAPTER XXI 
INTERNATIONAL ARRANGEMENTS 
86. Power of the Federal Government to declare a country as Convention country. 
87. Supplementary provisions as to Convention application. 
88. Documents to be filed with a Convention application. 
CHAPTER XXII  
MISCELLANEOUS 
89. Fees. 
90. Restrictions upon publication of specifications, etc. 
91. Reports of examiners to be confidential. 
92. Publication of Patented Inventions. 
93. Power of Controller to call for information from patentees. 
94. Evidence of entries, documents, etc. 
95. Declaration by infants, lunatics, etc. 
96. Service of notice, etc., by post. 
97. Security for cost. 
98. Transmission of orders of High Court or Court to the Controller. 
99. Transmission of copies of specifications, etc. and inspection thereof. 
100. Information relating to patents. 
101. Loss or destruction of patents. 
102. Patent to bind the Government. [Omitted] 
103. Right of the Government to sell or use forfeited articles. 
104. Power of High Court to make rules. 
105. Power of the Federal Government to make rules. 
106. Repeal and savings. 
107. Acts done in good faith. 
108. Removal of difficulties. 
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THE PATENTS ORDINANCE, 2000 
 ORDINANCE NO. LXI of 2000 
[2nd December, 2000] 
1
[An Ordinance to amend and consolidate the law relating to patents in order to give effect in  
Pakistan to the provisions of the International Convention on Trade Related Intellectual Property 
Rights, 1994, in accordance with its objectives and principles. 
WHEREAS it is expedient to amend and consolidate the law relating to patents;] 
 
AND WHEREAS the National Assembly and the Senate stand suspended in pursuance of the 
Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution  
Order No. 1 of 1999; 
AND WHEREAS the  President is satisfied that  circumstances exist  which render it  
necessary to take immediate action; 
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day 
of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional 
Constitution (Amendment) Order No. 9 of 1999, 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 
1. Short title, extent and commencement.­ (1) 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  post­grant matters of the patents relating to  chemical products  intended for use in 
agriculture and medicines, but excluding the grant of exclusive marketing rights therefore 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) “assignee” includes the legal representative of deceased assignee and 
references to the assignee of any person includes references to the assignee of 
the legal representative or assignee of that person; 
 
 
 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 2, for “long title and preamble.” 
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(b) “Controller” means the Controller of Patents appointed under section 3; 
(c) “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; 
(d) “Convention country” means a member country of the World Trade 
Organization or a  country declared as such under section 86; 
 
1
[(e)  “date of advertisement ”, wherever appearing in this Ordinance, shall be the 
date on which  the patents’ journal is published or uploaded on website of the 
Intellectual Property Organization of Pakistan or printed in hard form in 
relevant part of the official Gazette, whichever is earlier:] 
 
(f) “date of filing”, in relation to an application for a patent, means­ 
 
(i) in case of an application which is post­dated or ante­dated under 
this Ordinance, the  date to which it is so post­dated or ante­dated; and 
 
2
[(ii)  the date on which it is filed at the Patent Office or its branch office;] 
 
(g) “District Court” has the meaning assigned to that expression by the Code of 
Civil Procedure, 1908 (Act V of 1908); 
 
(h)  “exclusive licence” means a licence from a proprietor of, or an applicant 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 the proprietor or 
applicant, any right in respect of the invention, to which the patent or 
application relates, and “exclusive licensee” and “non­exclusive licensee” 
shall be construed accordingly; 
 
3[(i)  “invention” means any new and useful product or process, in any field of 
technology and includes any new and useful improvement of either of them;] 
 
(j) “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; 
 
4
[(ka)  “mail box” means the  mailbox facility provided under sub­section (9) of 
section 13;] 
_________________________________________________________________________________ 
 
1
Subs by Act XXIV of 2016, s.2. 
2
Subs by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 3, for sub­clause (ii). 
3
Subs ibid., for clause (i). 
4
New clause (ka) ins. ibid., 
Page 9 of 52 
 
 
(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 successor­in­interest of a patent recordal 
of whose name on the Register is pending with    the Controller; 
 
(n) “patent of addition” means a patent of addition granted in accordance with 
section 39; 
 
(o) “Patent Office” means the Patent Office established, or deemed to have been 
established, under section 4; 
 
1[(p)  “person” means any natural or juridical person and includes any 
association or body of individuals, whether incorporated or not;] 
 
(q) “person interested” includes a person engaged in, or in promoting, research in 
the same field as that to which the invention relates; 
 
(r) “prescribed” means prescribed by rules made under this Ordinance; 
 
2[(s)  “process” means any art, process or method or manner of new manufacture of 
a product;] 
 
3[(t)  “product” means any substance, article, apparatus or machine;] 
 
(u) “published” means made available to the public whether in Pakistan or 
elsewhere and a document shall be taken to be 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; 
 
(v) “Register” means the Register of Patents maintained under section 54; and 
 
(w) “rules” means rules made under this Ordinance. 
 
CHAPTER II  
ADMINISTRATION 
 
3. Appointment of Controller and other officers .—(1) For the purposes of this Ordinance, 
the Federal Government shall, by notification in the official Gazette, appoint an officer who shall be 
called the Controller of Patents. 
 
_________________________________________________________________________________ 
1
Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 3 for clause (p). 
2
Subs. ibid., for clause (s). 
3Subs. ibid., for clause (t). 
Page 10 of 52 
 
 
(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, ( Act II of 19 11) shall be the Patent office for 
the purposes of this Ordinance. 
 
(2) The Patent office shall be under the immediate control of the Controller 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) There 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 in 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. 
 
6. Officers and employees not to divulge certain information or advise in certain 
matters. 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 granted in Pakistan; or 
 
(b)  advise in a matter which is under consideration or is likely to come under 
consideration of  the Patent Office in pursuance of this Ordinance. 
 
 
_____________ 
 
  CHAPTER III  
PATENTABILITY 
 
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 sub­section (3), the following shall not be regarded as invention within the 
meaning of sub­section (1), namely:— 
 
(a) a discovery, scientific theory or mathematical method; 
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(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 mental act, playing a game of doing 
business 1*. 
(d) the presentation of information 2[;and] 
 
3[(e)  substances that exist in nature or if isolated therefrom.] 
 
(3) The provisions of sub­section (2) shall prevent  anything from being treated as an 
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: 
 
4[(a)  for invention the   prevention   of commercial exploitation of which would be 
necessary to protect the “ordre public ” or morality, including to protect 
human, animal or plant life or  health or to avoid serious prejudice to the 
environment, provided that such exclusion is not  made merely because the 
exploitation is prohibited by any law for the time being in force;] 
 
5[(b)  for plants and animals other than micro­organisms, and essentially biological 
processes for the production of plants or animals other than non­biological and 
microbiological processes;] 
 
(c)  for 6[diagnostic,] therapeutic and surgical methods for the treatment of humans 
or animals; 
 
7[(d)  for a new or subsequent use of a known product or process; and 
 
(e)  for a mere change in physical appearance of a chemical product where the 
chemical formula or process of manufacture remains the same provided that 
this clause shall not apply to an  invention fulfilling the criteria of 
patentability.] 
 
 
 
 
 
_________________________________________________________________________________ 
1The word “and” omitted by the Patents (Amdt.) Ordinance 2002 (95 of 2002), s. 4. 
2Subs.and added ibid., for full stop.  
3New clause (e) added ibid.,  
4Subs. ibid; for clause (a). 
5Subs. Ibid. 
6Subs. ibid., for “diagnostic”. 
7New clauses (d) and (e) added ibid., 
 
  
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8. Novelty.­(1) An invention shall be considered to be new if it does not form part of the 
state of the art. 
 
(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; 1[or] 
 
(b)  contents of the complete specification and priority documents published under 
section 21 of an application filed in Pakistan. 
 
2[(c)  traditionally developed or existing knowledge available or in possession of a 
local or indigenous community.] 
 
3[(3) Notwithstanding the provisions of sub­section (2), disclosure of a patentable invention 
in respect of goods shall not constitute, ‘state of the art ’ if an article is exhibited at any official or 
officially recognized international exhibition within twelve  months preceding the date of filing of an 
application for grant of patent. If later on, the  right of priority is invoked, then the period shall start 
from the date of introduction of the article into the exhibition. The Controller may require proof, with 
such documentary evidence as considered necessary, of the identity of the article exhibited and the 
date of its introduction into the exhibition.] 
 
(4) In this section references to the inventor include 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 4* * * section 8. 
 
10. Industrial application. —5[(1) An invention shall be considered to be capable of 
industrial application if it is capable of being manufactured or otherwise industrially used.]. 
 
6* * * * * *          * 
 
 
 
 
1Subs. by the Patent (Amdt.) Ordinance 2002 (95 of 2002), s.5 for “and”. 
2New clause (c) added ibid., 
3Subs. Ibid for sub­section (3). 
4The certain words omitted ibid., s. 6.  
5Subs. ibid., s. 7 for sub­section (1).  
6Sub­section (2) omitted ibid., 
 
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CHAPTER IV  
APPLICATIONS 
 
11. Persons entitled to make an application for patent.—(1) Any of the following persons, 
whether alone or jointly with any other person, may make an application for a patent, namely:— 
(a) the true and the first inventors or inventors of the invention or his or, as 
the case may be, their assignee or successor in interest; and 
(b) the legal representative of any deceased person who immediately before his 
death was entitled to make such application. 
12. Right to patent for invention made by employee. 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 enti tle 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 
prescribed form and shall 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 representative 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 in 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 co­inventor, 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 invention which are cognate or of which one is modification  of another, a 
single Convention application may, subject to the provisions of section 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 1* * *. 
(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 shall not go beyond the disclosure in the first application. 
 
 
1The certain words omitted by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 8. 
 
Page 14 of 52  
(5) Each divisional application shall be entitled to the filing date and, where applicable, the 
priority date of the first application. 
(6) The fact that a patent has been granted on an application that did not comply with the 
requirement of unity of invention shall not be a ground for the invalidation of the patent. 
(7) The applicant may at anytime withdraw the application by making a request to the 
Controller 1[:] 
 
1[Provided that where the application has been withdrawn before the advertisement of its 
acceptance in the official Gazette or publication in the patents journal, the application and the 
specification, claims and drawings, if any, shall not be open to public inspection.] 
 
2[(8) An application for an invention relating to genetically modified organisms shall require 
clearance from the Federal Government and shall comply with such requirement as may be 
prescribed. 
 
(9) An application for availing exclusive marketing rights for a patentable invention relating 
to pharmaceutical or agricultural chemical product shall be filed in the mailbox provided for this 
purpose by the Controller who may require the form and manner for submitting such application as 
may be prescribed] 1[.]  
   
1[* * *] 
 
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, 
and if the complete specification is not so filed the application shall be deemed to be abandoned. 
 
(3) Where two or more applications in the name of the same applicant are 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 the opinion that the whole 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 
purposes of this  Ordinance as a provisional specification, and  proceed with  the application 
accordingly. 
 
 
 
1Subs, Added and Omitted by Act XXIV of 2016, s.3. 
2New sub­sections (8) and (9) of s. 13 added by s. 8 of Ord.no XCV of 2002. 
 
Page 15 of 52  
 
(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 direction 
under sub­section (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 post­date the application to the date of filing of the complete specification. 
 
15. Contents of specification. —1[(1) Every specification, whether complete or provisional, 
shall describe in the form and manner as may be prescribed.] 
 
(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. 
 
2[(2A) For a chemical product intended for use in medicine or agriculture, the specification 
shall be specific to one chemical product only describing the physical, chemical, pharmacological 
and pharmaceutical properties or, as the case may be, the properties related to its use in agriculture 
and its impact on environment. 
 
(2B) Where a biological material is used, the  specification shall disclose  the place of origin 
and source of such biological material and shall also exhibit compliance with the relevant applicable 
rules on access, export and use of that material and where such a material is obtained from Pakistan 
for use outside Pakistan, the permission of the Federal Government shall be necessary as may be 
prescribed.] 
 
(3) Every complete specification shall— 
 
(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 
 
3[(c)  end with a claim or claims concisely defining 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. 
 
 
 
 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 9, for sub­section (1). 
2New sub­sections (2A) and (2B) ins. Ibid s.9. 
3Subs. ibid., for clause (c) 
 
Page 16 of 52  
(5) Subject to the foregoing provisions of this section, a complete specification filed after 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 the provisional specification 
or, as the case may be, the invention in 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 specification shall be accompanied by an abstract for the purposes of 
giving technical information 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 technical information, in particular, it shall 
not be taken into account for the purpose of interpreting the scope of protection. 
 
1[(8) Claim or claims in respect of a complete specification of a chemical product intended 
for use in  agriculture or medicine shall be structurally defined and shall relate to a single chemical 
product only,  excluding its derivates and salts, each of which, with a material or a noval 
improvement in its claim from  the main produc t, shall be filed as a separate invention or where 
applicable, as a divisional application,  Where structural description is not  possible, as in the  case of 
biological products, the “product by process” claim shall be made and protection shall be limited to 
the product obtained with the claimed process only: 
 
Provided that a claim which is based on a mere admixture resulting only in aggregation of the  
properties of the component substances thereof, or a  processing of producing such substance, shall 
not be allowed]. 
 
CHAPTER V  
EXAMINATION OF APPLICATIONS 
 
16. Examination of application .—(1) The Controller shall refer to an examiner every 
application in respect of which a complete specification has been filed, for making a report to 
the Controller 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 rules have been complied with. 
 
(2) The examiner shall make the report to the Controller as soon as is reasonably possible. 
2[* *       *] 
 
(3) If the examiner reports that any of the requirements of this Ordinance and rules are not 
complied with, the Controller shall give the applica nt an opportunity, or more than one 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 be  prescribed, failing which the  Controller may 
refuse to proceed with the application. 
 
 
1New sub­section (8) added by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s.9.  
2Omitted and shall be deemed always to have been so omitted by Act IX of 2010, s.2. 
 
Page 17 of 52  
(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 specification 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 the  
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.  
1* * * * * * *  
 
(6) Notwithstanding anything in the preceding sub-sections, all applications claiming 
protection for chemical products intended for use in medicine or agriculture filed 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 sub­section (3) of section 1. 
17. Reference to other patent.—(1) If, 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 compl ete 
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)  the complete specification is amended to the satisfaction of the Controller. 
 
(2) Where, after a reference to another patent has been inserted in a complete specification in 
pursuance of a direction under sub­section (1)— 
(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, 
 
 
1Omitted by Act IX of 2010, s.2. 
 
Page 18 of 52  
 
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 operation of 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 claimants and the applicant or the other joint 
applicant or applicants, as the case may require. 
(2) No such direction under sub­section (1) shall be given by virtue of any assignment or 
agreement made by one 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 sub­section (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 gives directions for enabling the application to proceed or for 
regulating the manner in which it should be proceeded with under sub­section 
(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 what manner the 
application should be proceeded with, the Controller may, upon application made to him in the 
prescribed manner by any of the parties, and after giving to all parties concerned an opportunity of 
being heard, give such directions as he thinks fit for enabli ng 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. 
 
  
 
Page 19 of 52  
1[19. *     * *] 
 
20. Power of Controller  to require certain information and documents relating  to 
foreign application.—(1) The applicant shall, when required by the Controller, furnish him with the 
date and number of any application for a patent filed 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 sub­section (1), namely:— 
 
(i)  a copy of any communication received by the  applicant concerning the  
results of any search  or examination  carried out  in respect  of the  foreign 
application; 
 
(ii)  a copy of the patent granted on the basis of the foreign application; and 
 
(iii)  a copy of any final decision rejecting the foreign application. 
(3) The applicant shall, when required by the Controller, furnish him with a copy of any final  
decision invalidating the patent granted on the basis of foreign application referred to in sub­section 
(1). 
21. Acceptance of complete specification. On the  acceptance of a complete specification, 
the Controller shall give notice thereof to the applicant and shall advertise in the official Gazette 
2[and publish in the patent’s journal] the fact that specification has been accepted and thereupon the 
application and the specification, and the priority documents, if any, filed in pursuance thereof shall 
be open to public inspection. 
 
3[22. Effect of acceptance of complete Specification . After the acceptance of an application 
and until the date of sealing a patent in respect thereof, or the expir ation of the time for sealing, the 
applicant shall have the like privileges and rights as if a patent for the invention had been sealed on 
the date of the acceptance of the application: 
 
Provided that the applicant shall not be entitled to institute any proceedings for infringement 
until  the patent has been sealed.] 
 
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:— 
 
 
1Omitted by Act IX of 2010,s.3. 
2Ins by Act XXIV of 2016, s.4. 
3Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 10. for the original section (22). 
 
Page 20 of 52  
 
 (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; 
(b) 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 filed; and 
(e) that the complete specification describes or claims an invention other th an that 
described in the provisional specification and that such other invention either 
forms the subject of an application made by the opponent for a patent 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 sub­section (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 
specification under section 21, 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. 
 
(2) The person who makes observations under sub­section (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 if not 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 a 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 defence of Pakistan, or if he himself 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 
 
Page 21 of 52  
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 shall 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 publication or communication of that information 
would be prejudicial to the safety of the public, it shall given notice to the 
Controller who shall continue his directions under sub­section (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 Pakistan or the safety of the public, it 
shall, unless a notice under clause (d) has previously been given to the  
Controller, 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; 
(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 safety 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 n ot 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 has 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 
 
Page 22 of 52  
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 force. 
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 sub­section (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. 
 
______________ 
 
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 refuse 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 proceedings; and 
 
(b) where the applicant or one of the applicants has died before the expiration of 
the time within  which under the provisions of this sub­section the request 
 
Page 23 of 52  
could otherwise be made, the said  request may be made at a ny 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 sub­section (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. 
30. Rights conferred by patent. —1[(1) Subject to other provisions of this Ordinance, the 
holder of a valid patent in Pakistan shall have the following rights, namely:­ 
(a)  Where the subject matter of patent is a product, the holder of valid patent may 
prevent third parties not having the owner’s consent from the acts of making, 
using, offering for sale,  selling, or importing  for these purposes that product; 
and 
(b)  where the subject matter of a patent is a process, the holder of a valid 
patent may prevent third parties not having the owner’s consent from the act 
of using the process, and from the act of using, offering for sale, selling, or 
importing for these purposes at least the product  obtained directly by  that 
process.] 
 
2[(2) The holder of a valid patent shall also have the right to assign, or transfer by succession, 
the patent and to conclude licensing contracts.] 
(3) The owner of the patent shall, in addition to any other rights, remedies or actions available 
to him  have the right, subject  to sub­section (4) and section 59, to institute  court proceedings 
against any person who infringes the patent by performing, without his agreement, any of the acts 
referred to in sub­section (2) or who performs acts which make it likely that infringement will occur. 
 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s. 11, for sub­section (1). 
2Subs.Ibid s. 11, for sub­section (2). 
 
 
Page 24 of 52  
 
1[(4) Where a person has filed an application in the mailbox, in accordance with sub­section 
(9) of section 13, for protection of an invention relating to a pharmaceutical or agriculture chemical 
product, exclusive marketing rights shall be granted for a period of five years after obtaining 
marketing approve d or until a product patent is granted or rejected whichever period is shorter, 
provided that, subsequent to  the first January, 1995, a patent application has been filed and a patent 
granted for that product in any  Convention country and marketing approval obtained in such 
country;] 
 
2[(4A) Where a person has made an invention in Pakistan in respect of a process of 
manufacture of any of the products referred to in sub­section (4) and has obtained a patent for the 
same and has filed an application in the mailbox for protection of the invention, and has been granted 
marketing approval thereof, then he shall have the exclusive marketing rights for that product for a 
period of five years after obtaining marketing approval or until a product patent is granted or rejected 
whichever period is shorter.] 
 
(5) The rights under the patent shall not extend to— 
 
3[(a)  acts in respect of articles which have been put on the market anywhere in the 
world by the  owner of the patent or with his consent or by an authorized 
person or in any other legitimate manner such as compulsory licenses;] 
(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) acts done only for experimental purposes relating to a patented invention;4* 
(d)  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 5[;or] 
3[(f) acts done for teaching purposes in educational or research institutions.] 
(6) The right of prior user referred to in clause (d) of subsection (5), may be transferred or 
devolve only together 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 term of a patent under this Ordinance shall be twenty years from the 
filing date. 
 
 
_________________________________________________________________________________ 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 11, for sub­section (4). 
2New sub­section (4A) ins. ibid., 
3Subs.Ibid for clause (a).” 
4The word “or” omitted ibid., 
5Subs. ibid., for full stop. 
6New clause (f) inserted, ibid.
 
Page 25 of 52  
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 if 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 renewal 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 PROVISIONS 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 sub­section (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 sub­section (1) of section 23; or 
(c) the complete 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 first­mentioned application and any specification filed in 
pursuance thereof shall be deemed, for the purposes of the provisions of this Ordinance relating to 
the priority date 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 proceedings 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 are 
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 sec tion 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 
 
Page 26 of 52  
such persons, except with the consent of the other person or persons. 
(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 sub­section (1) or sub­section (2) shall affect the mutual rights or obligations of trustee s 
or of the legal representatives of a deceased person or their rights or obligations as such. 
35. Power of Controller to give directions to co­owners. —(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 sub­section (1), to the other person or 
persons registered as grantee or proprietor of the patent; and 
(b) in the case of an application under sub­section (2), to the person in default. 
 
(4) No direction shall be give n under this section so as to affect the mutual rights or 
obligations of  trustee or of the legal representatives of a deceased person, or their rights or 
obligations as such. 
36. Power of Controller or Court to deter mine the matter in dispute between employer 
and employee. —(1) 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 after giving to each of them an opp ortunity of being heard, 
determine the matter in dispute,  and may make such orders for giving effect to his decision 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 determined by the Court, he may decline to 
deal therewith. 
(2) In proceedings before the Court between an employer and a person who is or was at the 
 
Page 27 of 52  
material time his employee, or upon an application made to the Controller under sub­section (1), the 
Court or, as  the case may be, the Controller may, if satisfied that b oth 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 Court or, as the case may be, the Controller considers 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. Avoidance of restrictive condition in contracts .—(1) 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 articl es, 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 that at the time of the infringement there was in force a contract relating to 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 subsection (1); and 
(b) the purchaser, lessee  or lic ensee 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 determined by either party on giving three 
months notice in writing to the other party. 
 
 
 
Page 28 of 52  
 
CHAPTER X  
PATENTS OF ADDITION 
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 of 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, but  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 last­mentioned period. 
40. Term of patents of addition.—(1) A patent of addition shall be granted for a term 
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 term 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 shall 
become an independent patent  for the remainder of the term of the patent f or 
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 sub­section (1), the same fees shall 
thereafter be payable, upon the same dates, as if the patent had been originally granted as an 
independent patent. 
 
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 
 
Page 29 of 52  
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.—(1) 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 for 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 allow a specification to be amended 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 and 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 section 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 after the  advertisement of an application under sub­section 
(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, un less the specification is amended to 
his satisfaction. 
 
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 such manner, and 
subject to such terms as to costs, advertisements or otherwise, as the High Court may think fit, and if 
 
Page 30 of 52  
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 specification.—(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 Controller 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 1[and published in the Patents’ journal]. 
_____________ 
 
CHAPTER XII  
RESTORATION 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 fee 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 she 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 one or more of them without joining the others. 
 
(3) If the Controller is satisfied that__ 
(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 following the end of 
that period; and 
_________________________________________________________________________________ 
1Ins. by Act of XXIV of 2016,s.5. 
 
  
 
Page 31 of 52  
(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 has 
made 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 person to another in exercise of a right  
conferred by sub­section (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.—(1) 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 
counter­claim in a suit for infringement of the patent, be revoked in part or in whole by the High 
Court on any one or more of the grounds upon which 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 Governmen t, 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 
terms. 
(3) A notice of any petition for 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 the patent may apply to 
the Controller for an order revoking the patent on any one or more of the grounds upon which the 
grant of the patent could have been opposed: 
 
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. 
 
Page 32 of 52  
(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 sub­section (1) are established, he may by order direct that 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. 
 
1[48.— Revocation of patent by the Federal Government. Where the Federal Government 
is of the opinion that:— 
(a)  a patent or the made in which it is exercised  is mischievous to  the State or 
generally prejudicial to the public; or 
 (b)  a patent has been obtained through concealment or misrepresentation in the 
application; or 
(c)  where the compulsory licence granted to prevent the abuse which might result 
from the exercise of the exclusive rights conferred by the patent, for example, 
failure to work or in  relation to anti­competitive practices, has not been 
sufficient, it may, after giving the patentee an opportunity of being heard, 
make a declaration to that effect in the official  Gazette, 2[and in the Patents ’ 
jounal] and thereupon the patent shall be deemed to have been revoked: 
 
Provided that proceedings upon clause  (c) and shall not  begin before 
the expiration of two years from the grant of first compulsory licence.] 
49. Revocation of surrendered patent by Controller .—(1) A patentee may, at any time by 
giving notice in the prescribed manner to the Controller, offer to surrender his patent. 
(2) Where an offer under sub­section (1) is made, the Controller shall advertise the offer in 
the prescribed manner, and also give notice to every person other than patentee whose name appears 
in the Register as having 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. 
_________________________________________________________________________________ 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 12, for the original section 48. 
2Ins. by Act XXIV of 2016,s.6. 
 
CHAPTER XIV  
 
Page 33 of 52  
POWERS OF CONTROLLER 
50. Controller to have certain powers of a civil court.__(l) Subject to any rules made in this 
behalf, the Controller in any proceedings before him under 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, namely:— 
 
(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 Controller 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 document filed in pursuance of such application or in any application for a patent or any 
clerical error in any matter which is entered 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 sub­section 
(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 to any other person 
who appea rs to  him to be concerned, and shall give them an opportunity of being heard before 
making the correction. 
(4) Where a request is made under sub­section (2), for the correction of any clerical error in a 
patent or application for 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 to which  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 advertisements as referred to in sub­section (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 as opportunity of being heard 
before he decides the case. 
52. Evidence before Controller. 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 cross­examined on the contents of his affidavit. 
 
Page 34 of 52  
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 t ime 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 the 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, 1911 ( Act II of 1911 ) 
shall be incorporated in, and form 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 Controller. 
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 w riting 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 sub­section (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 t he assignor, mortgagor, licensor or other party to 
that instrument, as the case may be. 
(3) Where an application is made under this section for the registration of the title of any 
person, the Controller shall, upon 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 co­proprietor 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, with particulars of the instrument, if any, creating it. 
(4) Subject to the provisions of this Ordinance relating to co­ownership of patents and subject 
 
Page 35 of 52  
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 appear 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, and extracts from, the Register, etc .—(1) Subject to the provisions 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. 
(2) The Register shall be prima facie evidence of any matters required or authorized by or 
under this Ordinance to be entered therein. 
(3) Except in the case of an application made under section 55, a document in respect of 
which no  entry h as been made  in the  Register under sub­section (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 the 
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 sub­section 
(2), where— 
 
Page 36 of 52  
(i)  the public interest, in particular, national security, nutrition, health or the 
development of other vital sectors of the national economy so requires; or 
 
(ii)  the Federal Government has determined that the manner of exploitation, by the 
owner of the  patent or his licensee, is anti­competitive, and the Federal 
Government is satisfie d that the  exploitation of the invention in accordance 
with this sub­section would remedy such practices 1[; or] 
 
2[(iii) the patent holder refuses to grant a licence to a third party on reasonable 
commercial terms and conditions; or 
 
(iv)  where patent has not been exploited in a manner which contributes to the 
promotion of technological innovation and to the transfer and dissemination of 
technology.] 
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 Government may exploit a patented 
invention. 
 
(2) The Federal Government shall, before taking any decision under sub­section (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 
therefore, taking into account the economic value of the Federal Government authorizations, as 
determined in the said decision, and where a decision has been taken under sub­section (1), the need 
to correct anti­competitive practices. 
(4) A request for the Federal Gover nment 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 license on reasonable 
commercial terms and conditions and within a reasonable time: 
 
Provided that this sub­section 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 informed of the decision of the Federal 
Government as soon as reasonably practicable; 
(ii) public non­commercial use; and 
(iii) anti­competitive practices determined as such by a judicial or administrative 
body in accordance with clause (ii) of sub­section (1). 
 
_________________________________________________________________________________ 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 13, for “Comma”. 
2New sub­clauses (iii) and (iv) ins. ibid., 
  
 
Page 37 of 52  
 (5) The exploitation of a patented invention in  the field of semi­conductor technology shall 
only be authorized either for public non­commercial 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 anti­competitive and if the Federal Government is satisfied that the issuance of the 
non­ voluntary license would remedy such practices. 
(6) 1[The authorization shall be considered on its individual merits and shall not prohibit.] 
(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 
(iii) the issuance of a non­voluntary 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 Government is authorized under clause  (i) of sub­section (1), it  shall be 
predominantly for the supply of the market in Pakistan. 
(9) Upon request of the owner of the patent, or of the Government agency or of the third 
person authorised 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 2[subject to 
adequate protection of the legitimate interest of the persons so authorized,] be inserted; and shall 
terminate an authorization if it is satisfied, after hearing the parties, if either or both wish to be heard, 
that the circumstances which led to 3[the] 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 terms of 
the decision. 
(11) Notwithstanding the provisions of sub­section (10), the Federal 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) Any appeal shall lie to the High Court against the decisions of the Federal Government 
under sub­sections (1) to (9). 
 
 
_________________________________________________________________________________ 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 13, for “the authorization shall both exclude.” 
2Ins.Ibid s. 13. 
3Subs. ibid., for “his”. 
 
  
 
Page 38 of 52  
 59. Powers of Controller in granting compulsory licenses.__1[(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 non­voluntary licence to prevent the abuses which might result from the 
exercise of the rights conferred by the patent, for example, failure to work.] 
(2) Notwithstanding the provisions of sub­section (1), a non­voluntary license shall not be 
issued if the owner of the patent satisfies the Controller that circumstances exist which justify the 
non­exploitation or insufficient exploitation of the patented invention in Pakistan. 
(3) The decision issuing the non­voluntary 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 non­voluntary 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, hereinafter referred to as “earlier patent”, 
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 in the earlier patent, the 
Controller, upon the request of the owner of the later patent, may issue a non­voluntary license to the 
extent necessary to avoid infringement of the earlier patent. 
(6) Where a non­voluntary license is issued under sub-section 2[(5)] the Controller upon the 
request of the owner of the earlier patent shall issue a non­voluntary license in respect of the later 
patent. 
(7) In the case of a request for the issuance of a non­voluntary license under sub­sections 
3[(5)] and 3[(6)] sub­section 3[(3)] shall apply mutatis mutandis with the provision that no tim e limit 
needs to be fixed. 
(8) In the case of a non­voluntary license issued under sub­section 4[(5)] the transfer may be 
made only with the later patent, or, in the case of a non­voluntary license issued under sub -section 
4[(6)] only with the earlier patent. 
 
_________________________________________________________________________________ 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s. 14, for sub­section (1). 
2Subs. Ibid, for “the brackets and figure (4)”. 
3Subs. ibid., for the brackets and figures (3), (4) and (2). 
4Subs. ibid., for the brackets and figures (3) and (4). 
 
 
Page 39 of 52  
(9) The request for the issuance of a non­voluntary license shall be subject to payment of the  
prescribed fee. 
(10) The provisions of sub­sections (2) to (10) of section 58 shall apply mutatis mutandis for 
issuance of a non­voluntary license under this section. 
 
CHAPTER XVII 
PROCEEDINGS FOR INFRINGEMENT OF PATENTS 
60. Suit for infringement of a patent .—(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 counter­claim 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 of this Ordinance 
shall be available by way of defence to a suit for infringement. 
61. Reliefs in suits for infringement.—1[(1) In any suit for infringement the Court shall 
have the power,— 
(a) to grant relief by way of damages, injunctions or accounts provided that, 
where permitted,  effective provisional measure may also  be ordered by the 
Court; 
(b) to order, if the subject matter of a patent is a process for obtaining a product, 
the defendant to prove that the process to obtain an identical product is 
different from the patented process  and that the identical product in question 
shall, in the absence of proof to the contrary, be deemed to have been obtained 
by the patented process provided that the product obtained by patented process 
is new if it has not been put into the market for more than one year before the 
date of the initiation of the judicial action by the patentee: 
 
 Provided that this provision shall apply subject to the prior proof by the 
plaintiff that the  allegedly infringing product is identical to the product 
directly produced by the patented process: 
 
Provided further that in the adduction of proof to the contrary, the 
legitimate interests of  defendants in protecting their manufacturing and 
business secrets shall be taken into account.] 
(2) In any suit for infringement­ 
 
_________________________________________________________________________________ 
1Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 15, for sub section (1). 
  
 
Page 40 of 52  
 
(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 commerce 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; 
(c)  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 assurance 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  review, including a right to be hear d, 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 clause (d), provisional measures taken 
on the basis of  clauses (a) and (b) shall upon the request of the defendant, be 
revoked or otherwise c ease 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 thirty­one calendar days, and 
(g)  where the provisional measures are 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 infringement, the Court shall have the 
authority to order the applicant, upon request of the defendant, to provide th e 
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 
 
Page 41 of 52  
for 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 patent. 
 
63. Relief for infringement of partially valid specification.—(1) 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 Court 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 sub­section 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 aggrieved thereby may bring suit against him for any such relief as is specified in sub-section 
(2). 
(2) Unless in any suit under sub­section (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:__ 
 
Page 42 of 52  
(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. 
 
(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 sub­section (1). 
67. Power of Court to make  declaration as to non­infringement .—(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 of a 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 this section to the patentee shall be construed accordingly. 
68. Power of Court to appoint scientific advisers .—(1) In 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 formulate for the purpose. 
 
(2) The remuneration of the scientific adviser appointed under sub­section (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. 
 
 
 
 
  
 
Page 43 of 52  
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 decisions, 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 sub­section (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 shall 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 Court may allow. 
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 inventions. 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. 
72. Penalty 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 term  which may extend to two years, or with fine not exceeding twenty thousand rupees, or 
with both. 
 
Page 44 of 52  
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 article 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 ”, “pending” or 
other words expressing or implying that an article is patented or that a patent has been applied for 
shall 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 shall be 1[punishable with imprisonment for a term which may extend to 
two years, and with fine which may extend to one million rupees]. 
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 2[five thousand rupees]. 
 
(2) If any person, being required to furnish any such information as is referred to in 
sub­section (1), furnishes information or a statement which is false, and which he either knows or has 
reasons to believe to be false or does not believe to be true, he shall be punishable with fine which 
may extend to 3[fifty thousand rupees]. 
 
 76. Penalty for  contravention of section 20 . If the  applicant fails to file  the statement 
required under section 20 or has furnished information which in any material particular is false to 
his knowledge or if he  fails to comply with the  Controller’s request  within the  specified time, he  
shall be punishable with fine which may extend to 4[five thousand rupees]. 
 
_________________________________________________________________________________ 
1Subs, by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s. 16 for certain words. 
2Subs. ibid., s. 17 for “two thousand rupees”. 
3Subs.ibid, for “ten thousand rupees”. 
4Subs. Ibid., s.18,for “two thousand rupees”.  
  
 
Page 45 of 52  
77. Penalty for practice by non-registered patent agents. If any person contravenes the 
provisions of section 82, he shall be punishable with fine which may extend to 1[twenty five 
thousand rupees] in the case of a first offence and 2[one hundred thousand rupees] in the case of a 
second or subsequent offence. 
 
3[78. Offences by companies etc. Where the person guilty of an offence under this 
Ordinance is a company, corporation, firm or institution, every owner, director, and employee of the 
company, firm,  institution, or corporation, having knowledge of the offence  and consented to the 
commission of the offence shall be guilty of the offence]. 
 
_____________ 
 
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 and addresses of all person 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 twenty­one years, possesses the prescribed qualifications and has paid the prescribed fee. 
81. Subscription and verification of certain documents by patent agents .—(1) Subject to 
sub­section (2) and rules, all applications and communications to the Controller under this Ordinance 
may be signed by a patent agent authorized in writing in this behalf by the person concerned. 
(2) The following documents, namely,— 
(i)  applications for patents; 
(ii)  applications for the restoration of lapsed patents; 
(iii)  notices of opposition; 
(iv)  applications for leave to amend; 
(v)  applications for compulsory licences or for revocation; and 
(vi)  notices of surrender of patents, 
 
shall be signed and verified  in the prescribed manner by the person making such applications  or 
giving such notices: 
 
_________________________________________________________________________________ 
1Subs. Ibid., s.19, for “five thousand rupees”.  
2Subs. Ibid., for “one thousand rupees”. 
3Subs. Ibid., s.20,for original section 78. 
  
 
Page 46 of 52  
Provided that, 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 
permit 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 sha ll practice or describe or hold itself out as a 
patent agent or permit 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  person a reasonable opportunity of being heard and after such further 
inquiry, if any, as it thinks fit to make— 
(i)  that his name has been entered in the register of patent agents by error or on 
account of misrepresentation or suppression of material facts; or 
(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 Federal  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 therefrom. 
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 
 
Page 47 of 52  
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 firm. 
 
(2) The Controller shall 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 prohibit. 
(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 
(b)  an advocate, not being a  patent agent, from taking part  in any proceedings 
under this Ordinance otherwise than by way of drafting any specification. 
 
__________ 
 
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 t he official Gazette, declare such 
country to be the Convention country for the purposes of this Ordinance, in addition to the members 
of the World Trade Organization. 
 
(2) A declaration under sub­section (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 the Ordinance is in force shall be deemed to be a 
Convention country for the purposes of those provisions only. 
 
87. Supplementary provisions as to Convention application . For the purposes of this 
Ordinance, any matter shall be deemed to have been disclosed 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 such 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 m onths 
 
Page 48 of 52  
thereafter, or with in such further period as the Controller may on good cause allow. 
(2) If any such specification or other document referred to in sub­section (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 of this 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.—(1) There shall be paid in respect of the grant of patents and applications therefor, 
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. 
90. Restrictions upon publication of specifications, etc . Subject to the provisions of 
Chapter VII, an application for a patent, and any specification filed 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 1[or in the Patents’ jounal]. 
91. Reports of examiners to be confidential . The reports of examiners to the Controller 
under this Ordinance shall 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 Inventions. The Controller shall issue periodically a publication 
containing such information relating to patented inventions as the Federal Government may direct. 
 
93. Power of Controller to call for information 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. 
 
_________________________________________________________________________________ 
1Ins. by Act No.  XXIV of 2016,s.7 
 
Page 49 of 52  
(2) Without prejudice to the provisions of sub­section (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 sub­section (1) or 
sub­section (2) in such manner as may be prescribed. 
94. Evidence of entries, documents, etc.—(1) A certificate purporting to be signed by the 
Controller as to any entry, matter or thing which he is authoritized 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 compellable 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. 
95. Declaration by infants, lunatics, etc .—(1) If any person is, by reason of minority, 
lunacy or other disability, incapable of making any statement or doing anything required or permitted 
by or under this Ordinance, the lawful guardian, committee or manager, if any, of the person 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 permit, and  do such thing  in the name and on behalf  of the  person subject to the  
disability. 
 
(2) An appointment may be made by the Court for the purposes of this section upon the 
petition of any person active on behalf of the person subject to the disability or of any other person 
interest in the making of the statement or the doing of the thing. 
96. Service of notice, etc., by post . Any no tice 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 abandoned. 
 
 
Page 50 of 52  
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 be transmitted by the High Court to the Controller who shall 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 any 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 not 
valid, 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 sub­sections (1) and (2) shall also apply to the Court to which appeals 
are referred against decisions of the Court referred to in those sub­sections. 
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 F ederal 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. 
100. Information relating to patents. Any person making a request to the Controller in the 
prescribed manner for information relating to any such matter, 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 payment of the prescribed fee, to have information supplied to him accordingly. 
101. Loss or destruction of patents . If a patent is lost or destroyed, or its non­production 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. 
 
1[*  * * * * * *] 
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 all 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 rules for  carrying out the purposes of  this 
Ordinance. 
 
 
_________________________________________________________________________________ 
1Section 102 Omitted by the Patent (Amdt.) Ordinance, 2002 (95 of 2002), s.21. 
  
 
Page 51 of 52  
(2) In particular and without prejudice to the generality of the foregoing power, such rules 
may provide  for all or any of the following matters, namely:— 
(i)  the form 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 form of request for sealing of patent; 
(vi)  the form and manner in which 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 the  person who may have  availed themselves of the  
subject­matter of the patent after the patent had ceased; 
(viii)  the maintenance of the Register and the matters to be entered therein; 
(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 of a role of scientific advisers for the 
purpose of section 68; 
(xi)  the manner in which any compensation for acquisition by the Government of 
an invention may be paid; 
(xii) the manner in which the register of patent agents may be maintained, and 
matters connected with the practice and conduct of the patent agents; 1* 
(xiii) the regulation of the making, printing, publishing and selling of indexes to, 
and abridgements of, specifications and other documents in the Patent Office, 
and inspection of indexes and abridgements and other documents 2[;]. 
 
3[(xiv)  the manner to establish the regime for exhaustion of intellectual property 
rights; 
 
_____________________________________________________________________________ 
1The word “and” omitted by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s. 22. 
2Subs. ibid., for the full stop. 
3New clauses (xiv), (xv), (xvi), (xvii) and (xviii) added ibid. 
 
 
Page 52 of 52  
(xv)  the details in respect of inventions referred to in sub-section (4) of section 7; 
(xvi)  the manner in which an invention shall be disclosed including the best mode 
known for the  execution of the invention, the forms and limits of allowable 
claims and, in the case of  inventions relating to microorganisms, the 
requirement and the manner of submission of a  culture for experimental 
purposes in relation to the scope of the claim and th e procedure for  grant of 
such patents; 
(xvii)  the procedure and the criteria for determining the remuneration for a 
compulsory licence  and the  terms and conditions for licensing agreements 
including, in particular, those  which do not adversely affect comp etition or 
cause impediment to the research and development in  the country or to bind 
the licensee to transfer the improvements made by him to the licensor  or to 
force the licensee to acquire technologies or inputs not needed or desired by 
him; and 
 
(xviii)  the form of filing application and  manner of  grant of exclusive  marketing 
rights]. 
(3) The power to make rules under this section shall be subject to the condition of the rules 
being made after previous publication. 
106. Repeal and savings._(1) The Patents and Designs Act, 1911 (Act II of 1911) is hereby 
repealed. 
(2) Notwithstanding the repeal of the Patents and Designs Act, 1911 (Act II of 1911) the 
renewal fee in respect of a patent granted under that Act shall be as fixed thereunder. 
(3) Save as otherwise provided in sub­section (2), the provisions of this Ordinance shall apply 
to any  application for a patent pending on  the commencement of this Ordinance and to any 
proceedings consequent thereon, and to any patent granted in pursuance thereof. 
(4) Notwithstanding anything contained in this Ordinance, any suit for infringement of a 
patent, or any proceedings for revocation of a patent, pending in any Court on the commencement of 
this Ordinance, may be continued and disposed of under the Patents and Designs Act, 1911 (Act II 
of 1911) as if this Ordinance had not come into force, 1* * *. 
 
2[107. Acts done in good faith . No suit, prosecution, or any other legal proceedings shall lie 
against any government employee or any person exercising any powers or performing any functions 
under this Ordinance or the rules made thereunder for any act or thing which has been done in good 
faith. 
 
108. Removal of difficulties. If any difficulty arises in giving effect to any of the provisions 
of this Ordinance, the Federal Government may, by notification in the official Gazette, make such 
provisions as it deems fit for removing that difficulty]. 
 
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1The certain words omitted by the Patents (Admt.) Ordinance, 2002 (95 of 2002), s.23. 
2New sections 107 and 108 added ibid., s.24