PATENTS ORDINANCE 2000

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PATENTS ORDINANCE, 2000 
(LXI of 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 
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 
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 
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 person 
 
35. Power of Controller to give directions to co-owners 
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 
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 
POWER OF CONTROLELR 
50. Controller to have certain power 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 
CHAPTER XVII 
PROCEEDINGS FOR INFRINGEMENT OF PATENTS 
60. Suit for infringement of a patent 
61. Reliefs in suits for infringement 
62. Damages not 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 made 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  non-registered  patent  agents 
78. Offences  by  companies, etc. 
CHAPTER XX 
PATENT AGENTS 
79. Register of patent agents 
80. Registration as patent agent 
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 form 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 patent 
102. Patent to bind the Government 
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 
 
TEXT 
PATENTS ORDINANCE, 2000
1
 
[As amended by Patents (Amendment) Ordinance, 2002]
2
 
(LXI of 2000) 
[2nd December, 2000] 
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 re lating 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 O ctober, 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 sha ll come into force at once except the provisions relating to 
examination, s ealing, gr ant and post-grant matters of the patents relating to 
chemical products intended for use in agriculture and medicines, but excluding the 
grant of exclusive marketing rights therefor and mail box filings which shall come into 
force on and from the first day of January, 2005. 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or context,–  
(a) “assignee” includes the legal representative of deceased assignee and 
                                                           
1Notified under F. No. 2(1)/2000-Pub.- in the Gazette of Pakistan, Extraordinary, published from Islamabad on 2 December 
2000. 
2Notified under F. No. 2(1)/2002-Pub.- in the Gazette of Pakistan, Extraordinary, published from Islamabad on 26 October 2002. 
 
references to the assignee of any person includes references to the 
assignee of the legal representative or assignee of that person; 
(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;  
(e) “date of advertisement” wherever appearing in this Ordinance shall 
be the date on which the relevant Part V of the official Gazette is 
actually made available to the public; 
(f) “date of filing” in relation to an application for a patent, means– 
(i) in case of an application which is post-dated or ante-dated 
under this Ordinance, the date to which it is so post-dated or 
ante-dated; and 
(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 license” means a license 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 pr oprietor or applicant, any right in respect of the 
invention, to which the pa tent or application relates, and “exclusive 
licensee” and " non-exclusive licensee" shall be construed accordingly; 
(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; 
(ka) “mail box” means the mailbox facility provided under sub-section (9) of 
section 13; 
(l) “patent agent” means an advocate or a  person for the time being 
registered under this Ordinance as a patent agent; 
(m) “patentee” in relation to a patent, means the person or persons for 
the time being entered on the Register as the grantee or proprietor 
of the patent and  includes any subsequent assignee or successor-in-
interest 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; 
(p) “person” means any natural or judicial 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; 
(s) “process” means any art,  process or method or manner of new 
manufacture  of a product; 
(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. 
(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 (II of 1911), 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 d irection 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 sub -section (3), the fo llowing sha ll not be regarded as 
invention within the meaning of sub-section (1), namely:– 
(a) a discovery, scientific theory or mathematical method; 
(b) a literary, dramatic, musical or artistic work or any other creation of 
purely aesthetic character whatsoever; 
(c) a scheme, rule or method for performing a mental act, playing a  
game  or doing business; 
(d) the presentation of information; and 
(e) substances that exist in nature or if isolated therefrom. 
 (3) The prov isions of sub -section (2) sh all pr event an ything from be ing 
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: 
(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; 
(b) for plants and animals other than micro-organisms, and essentially 
biological processes for the production of plants or animals other 
than  non-biological and microbiological processes; 
(c) for diagnostic, therapeutic and surgical methods for the treatment of 
humans or animals; 
 
(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. 
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; or 
(b) contents of the complete specification and priority documents published 
under section 21 of an application filed in Pakistan; 
(c) traditionally developed or existing knowledge available or in 
possession of a local or indigenous community. 
(3) Notwithstanding the provisions of  sub-section (2),  disclosure of  a 
patentable invention in respect of goods shall not constitute, „state of the art‟ if an 
article is exhibited at an official or officially recognized international exhibition within 
twelve months preceding the da te 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 docu mentary ev idence 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 section 8. 
10. Industrial application.– (i) An invention shall be considered to be capable 
of  industrial application if it is capable of being manufactured or otherwise industrially 
used. 
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 inventor 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 entitle the 
inventor  to  an equitable remuneration taking into account the nature of his duties, 
his salary and the benefits derived by the employer. 
13. Application for patent.– (1) Every application for the patent shall be made in 
the 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 co-inventor, as the case may be, if he is 
satisfied th at he be na med as an inv entor of the invention for  which the applicant 
desires to obtain a patent. 
(2) Where applications  for  protection  have  been  made  in  one  or  
more  Convention countries in respect of two or more inventions which are cognate 
or of which one is modification of another, a single Convention application may, 
subject to the provisions of section  15,  be made in respect of those inventions 
at any time within twelve months from the date of earliest of the said applications for 
protection. 
(3) Each application shall relate to one invention only. 
(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. 
(5) Each divisional application shall be entitled to the filing date and, 
where application, 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 sh all 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 
(8) An application for an invention relating to genetically modified 
organisms shall require clearance from the Fed eral Government and sha ll 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. 
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 specification. 
(4)  Where an  application  for  a  patent,  not  being  a  Convention   
application,   is accompanied by 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 proce ed with the app lication 
accordingly. 
(5)  Where a complete specification has been filed in pursuance of an 
application for a patent accompanied by a provisional specification or by a 
specification treated by virtue of a direction under sub-section (4) as a provisional 
specification the Controller may, if the applicant so requests at any time before the 
acceptance of the complete specification, cancel the provisional specification and 
post-date the application to the date of filing the complete specification. 
15. Contents of specification.– (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. 
(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 exh ibit 
compliance with the relevant app licable 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 
(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. 
(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 of, as the case may 
be, the invention in respect of wh ich the application for pro tection 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 fulfils 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. 
(8) Claim or c laims in respect of a co mplete 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 novel improvement in its claim from the main product, 
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 subst ances 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 scr utiny 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, but before the period of eighteen months from the date of filing 
of the application in Pakistan. 
(3) If the examiner reports that any of the requirements of this Ordinance 
and rules are not complied with, the Controller shall give the applicant 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. 
(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. 
(6)  Unless  an  application  is  accepted  within  eighteen  months  from 
the  date of  the application, the application shall, except where an appeal has been 
lodged, be deemed to have been refused: 
Provided that where, before, or within three months after the expiration of the 
said period of eighteen months, a request is made to the Controller for an extension 
of time, the application shall, on payment of the prescribed fee, be continued for 
any period so requested not exceeding in all three months from the expiration of 
the said period of eighteen months: 
Provided further that the Controller may upon a written request made by an 
applicant in  the pr escribed manner postpone the formal acceptance of the 
application until such date, not later than twenty-one months from  the date of filing 
of the complete specification, as may be requested by the applicant. 
Explanation.– When a request is made under any  of the above  provisos the 
Controller may permit the applicant to put the application in order of acceptance but 
shall not pass formal orders of acceptance and sha ll not proceed to advertise the 
acceptance till the date requested by the applicant. 
(7) Notwithstanding anything in the preceding sub-sections, all 
applications  claiming protection for chemical products intended for use in medicine 
or agriculture filed after the first day of January, 1995, in accordance w ith 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  sub-section (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 complete specification by way of 
notice to the public unless, within such time as may be prescribed, either– 
(a) the  applicant shows  to  the  satisfaction  of the Controller  that there 
are  reasonable grounds for contesting the validity of the said claim of 
the other patent; or 
(b) 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 sub-Section (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, 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 sub-section (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 sub-section (1) shall be given by virtue of any 
assignment or agreement for the assignment of the benefit of an invention unless– 
(a) the invention is identified therein by  reference to the number of the 
application for the patent; 
(b) there is produced to the Controller an acknowledgement by the 
person  by whom  the  assignment  or  agreement  was  made  that  
the   assignment  or agreement relates to the invention in respe ct 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 sub-section (5). 
 
(4) Where one of two or more joint applicants for patent dies at any 
time before the patent has been granted, the Controller may, upon a request in that 
behalf made by the survivor or survivors, and with the consent of the legal 
representative of the deceased, direct that the application shall proceed in the name 
of the survivor or survivors alone. 
(5) If any dispute arises between joint applicants for a patent whether or in 
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 enabling the application to proceed in the name of one or more of the 
parties alone or for regulating the manner in which it should be proceeded with, or 
for both those purposes, as the case may require. 
19. Time for putting application in order of acceptance.– (1) If on the 
expiration of the period of eighteen months specified in sub-section (6) of section 16 
or the extended period– 
(a)  an appeal to the High Court is pending in respect of an application for 
a patent for an invention; or 
(b) in the case of an application for a patent of addition, an appeal to the 
High Court is pending in respect either of that application or the 
application for the main invention, the time within which the 
requirements of the Controller shall be complied with shall, on an 
application made by  the applicant before the expiration of the said 
period of eighteen months or the extended period, as the case may be, 
be extended until such date as the High Court may determine. 
(2) If the time within which the appeal mentioned in sub-section (1) may 
be instituted has not expired, the Controller may extend the period of eighteen 
months or, as the case may be, the extended period, until the expiration of  such 
further period as he may determine: 
Provided that, if an appeal has been filed during the said further period and 
the High Court has granted any extension of t ime for co mplying wi th the 
requirements of the Controller, then the requirements may be complied with within 
the time granted by the High Court. 
20. Power of Controller to require certain information and documents 
relating to foreign 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 sub-
section (1), namely:– 
(i) a copy of any communication received by the applicant concerning the 
results of any search or examination carried out in respe ct 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 sub-section (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 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. 
22. Effect of acceptance of complete specification.– After the acceptance of 
an application and un til the date of sealing a patent in respect thereof, or the 
expiration 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:– 
(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  than  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 sub-section (2), the Controller shall give 
notice of the opposition to the applicant, and shall, before deciding the case, give 
to the applicant and the  opponent an opportunity of being heard. 
 
24. Third party observations on patentability.– (1) At any time after the 
publication  of  the 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 sub-section (1) shall not 
become a party to the proceedings under this Ordinance before the Controller by  
reason only that he has made the observations, failing which the observations shall 
be rejected as if not filed at all. 
CHAPTER VII 
PROVISIONS FOR SECRECY OF CERTAIN INVENTIONS 
25. Information pre judicial to defense of P akistan or sa fety of p ublic.– (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 defense 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  spe cification of any 
application so  f iled contains information the publication of which might be 
prejudicial to the safety of the public, he  may give d irections 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 publ ication of the invention or  the publication or 
communication of the infor mation in question would be prejudicial to 
the defense of Pakistan or the safely of the public; 
(b) if the Federal Government determine under clause (a) that the 
publication of the  specification or  the  pub lication or  communication  
of  that information would be prejudicial to the safety of the public, it  
shall given notice to the Controller who sha ll con tinue his d irection 
under sub-section (2) until they are revoked under clause (e); 
(c) if the Federal Government determine under clause (a) that the 
publication of the specification or the publication or communication of 
that information would be prejudicial to the defence of Pakistan or the 
safety of the public, it sha ll, unless a notice und er 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 g ive no tice to the Controller to that 
effect; and 
(e) On  receipt  of  a  notice  under  clause  (d),  the  Controller  shall  
revoke  the direction and may, subject to such conditions, if any, as 
he thinks fit, extend the time for doing any thing required or authorized 
to be done by or under this Ordinance in connection with the 
application, whether or  not that time has previously expired. 
(5) Where a complete specification filed in pursuance of an application for 
a patent for an invention in respect of which directions have been given under this 
section is accepted before the directions are revoked; then– 
(a) if any use of the invention is made by or on behalf or to the order 
of  the Federal Government, the provisions of section 58 shall apply in 
relation to that use as if the patent had been granted for the invention; 
and 
(b) if it appears to the Federal Government that the applicant for the 
patent has suffered hardship by reason of the continuance in force of 
the directions, the Federal Government may make su ch 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 d irections 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 app lication for patent for the same invention h as been filed in the 
Patent Office not less than s ix w eeks b efore the application outside 
Pakistan; and 
(b) either no directions have been given under section 25 in relation to 
the application in Pakistan or all such directions have been revoked. 
(2) The provisions of sub-section (1) shall not apply in Pak istan 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 pub lication of the 
complete specification: 
Provided that– 
(a) where at the expiration of the said six months any proceedings in 
relation to  the application for the patent is pending in any court or 
before the Controller, the request may be made within three months 
after the final determination of that proceeding; and 
(b) where the applicant or one of the applicants has died before the 
expiration of the time within which under the provisions of this sub-
section the request could otherwise be made, the said request may be 
made at any time within twelve months after the date of the death or at 
such later time as the Controller may allow. 
Explanation.– Any proceedings shall be deemed to be pending so long as the 
time for any appeal therein has not expired, and any proceedings shall be deemed 
to be finally determined when the time for any appeal therein has expired without the 
appeal being brought. 
(3) The period for making the request under sub-section (2) for the 
sealing of a patent may be extended by the Controller by six months if the 
application is made and the prescribed fee paid within the extended period. 
28. Amendment of patent granted to a deceased person.– Where, at any time 
after a patent has been sealed in pursuance of an application under this Ordinance, 
the Controller is satisfied that the person to whom the patent was granted had died, 
or, in the case of a  body corporate, had ceased to exist, before the pa tent 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 da ted 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) Subject to other provisions of this 
 
Ordinance, the holder of a va lid 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 hav ing the owner‟s consent from 
the acts of making, using,  offering for sa le, 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 acts of using, offering 
for sale, selling , or importing for these purposes at least the product 
obtained directly by that process. 
(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 sub-section (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 sub- 
section (2) or who performs acts which make it likely that infringement will occur. 
(4) Where a person has filed an application in the mailbox, in 
accordance with  sub- section(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 
approved 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; 
(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 sub-section (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– 
(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; 
(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; or 
(e) acts,  including  tests,  necessary  for  the  approval  of  a  product  
for its commercialization after the expiration of the patent; or 
(f) acts done for teaching purposes in educational or research institutions. 
(6) The right of prior user referred to in clause (d) of sub-section (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. 
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 spec ified in clause (a) of sub-section (1) of 
section 23; 
(b) a patent granted in pursu ance of that other application has been 
revoked by the High Court under section 46 or by the Controller under 
section 47 on the ground specified in clause (a) of sub-section (1) of 
section 23; or 
(c) the complete specification filed in pursu ance 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 w as obtained by the applicant or patentee from any other 
person, the Controller may direct that the first-mentioned application 
and any specification filed in pursuance thereof 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 person.– (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 section 35 and to any 
agreement for the time being in force, where two or more persons are registered as 
grantee or proprietor of a patent, then, a licence under a patent shall not be granted, 
and a share in a patent shall not be  assigned, by one of such persons, except with 
the consent of the other person or persons. 
(4) Where a patented article is sold by one of two or more persons 
registered as grantee or  proprietor of the patent relating to that article, the 
purchaser and any person claiming through him shall be entitled to deal with it in the 
same manner as if the article had been sold by a sole patentee. 
(5) Subject to the provisions of this section, the provisions of law 
applicable to  the ownership  and  devolution  of  movable  property  generally  shall  
apply  in  relation  to  patents,  and  nothing contained in sub-section (1) or sub-
section (2) shall affect the mutual rights or obligations of trustees or of the legal 
representatives of a deceased person or their rights or obligations as such. 
35. Power of Controller to give directions to co-owners.– (1) Where two or 
more persons are registered as grantee or proprietor of a patent, the Controller 
may, upon application made to  him in the prescribed manner by any of those 
persons, give such directions in accordance with the application as to the sale or 
lease of the patent or any interest therein, the grant of licences under the patent, or 
the exercise of any right under section 39 in relation thereto, as he thinks fit. 
(2) If any person registered as grantee or proprietor of the patent fails to 
execute  any instrument or to do any other thing required for the carrying out of any 
direction given und er this section within fourt een 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  o ther 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 sub-section (1), to the other  
person  or persons r egistered as grantee or proprietor of the patent; 
and 
(b) in the case of an app lication under sub-section (2), to the person in 
default. 
 (4) No direction shall be given under this section so as to affect the mutual 
rights or 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 determine 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 opportunity 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 he 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 material time his employee, or upon an application made to the 
Controller under sub-section (1), the Court or, as the case may be, the Controller 
may, if satisfied that both the parties are entitled  to the benefit of an invention 
made by the employee, by order provide for the apportionment between them of 
the benefit of the invention, and of any patent granted or to be granted in respect 
thereof, in such manner as the 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  cond ition 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 articles, 
whether  patented or not, which are not supplied by, or any patented 
process which does not belong to, the vendor, lessor or licensor, or 
his nominees, or to restrict the  right of the purchaser, lessee or  
licensee to use any such article or process. 
(2) In proceedings against any person for infringement of a patent, it shall 
be a defence to prove 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 he 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 ar ticle or  process,  as  the  case  may  be,  to  the  
purchaser, lessee  or  licensee,  on reasonable terms specified in the 
contract and without any such condition as is mentioned in sub-section 
(1); and 
(b) the  purchaser, lessee  or  licensee  is  entitled  under  the  contract  to  
relieve himself of his liability to observe the condition upon giving to the 
other party three  months  notice  in  writing  and  subject to  payment  
to  him  of  a  just compensation. 
38. Determination of certain contracts.– Any contract for the sale or lease of a 
patented article or for license to manufacture, exploit a patented article or process, 
or relating to any such sale, lease or license, whether made before or after the 
commencement of this Ordinance, may at any time after the patent or all the 
patents by which the article or process was protected at the time of the making of 
the contract has or  have ceased to be in force, and notwithstanding anything to the 
contrary in the contract or in any other contract, be determined by either party on 
giving three months notice in writing to the other party. 
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 or the modification and grant to the patentee a patent of addition 
in respect thereof, bearing the same date as the date of the patent so revoked. 
(3) A patent shall not be granted as a patent of addition unless the date 
of filing of the complete specification was the same as or later than the date of filing 
of the complete specification in respect of the main invention. 
(4) A patent of addition shall not be scaled 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 scaling of the patent of addition may be made 
at any time within the last-mentioned 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 for the main invention, and thereupon the patent 
shall continue in force as an independent patent accordingly. 
(2) No renewal fees shall be payable in respect of a patent of addition, 
but, if any such patent becomes an independent patent by virtue of an order under 
sub-section (1), the same fees shall thereafter be payable, upon the same dates, as 
if the patent had been originally granted as an independent patent. 
41. Patent of addition not to be refused, etc.– The grant of a patent of 
addition shall not be r efused, and a patent granted as a patent of addition shall not 
be revoked or invalidated on the ground on ly 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 an application for a patent or a 
specification under this section shall state the nature of the proposed amendment 
and give full particulars of the reasons for which the application is made. 
(3) Every application for leave to amend an application for a patent or a 
specification under this 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  sub- section (3), any person may give notice to the Controller of 
opposition thereto, and where such a notice is given within the period aforesaid, the 
Controller shall give notice to the person by whom the application is made and shall 
give to that person and to the opponent an opportunity of being heard before he  
decides the case. 
(5) This section shall not apply in relation to any amendment of a 
specification effected in proceedings in opposition to the grant of a patent or effected 
in pursuance of any provision of this Ordinance authorizing the Controller to direct a 
reference to another specification or patent to be inserted, or to refuse to grant a 
patent or to revoke a patent, unless the specification is amended to his satisfaction. 
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 in any such 
proceedings for revocation the H igh 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 he ard, 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. 
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 in the prescribed manner 
to the Controller under this section within eighteen months from the date on which 
 
the patent ceased to have effect. 
(2) An application under this section may be made by the person who was 
the proprietor of the patent or by any other person who would have been entitled to 
the patent if it had not ceased to have effect, and where the patent was held by two 
or more persons jointly, the application may, with the leave of the Controller, be  
made by 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  pa id within the prescribed period or that the fee 
and any  prescribed add itional fee were paid within six months 
immediately following the end of that period; and 
(b) those fees were not so paid because of circumstances be yond his 
control, the Controller shall by order restore the patent on payment 
of any unpaid renewal fee and any  prescribed additional fee. 
(4) An order under this section may be made subject to such conditions as 
the Controller thinks fit and if the proprietor of the patent does not comply with any 
condition of such an order, the Controller may revoke  the order and give such 
directions consequential on the revocation as he thinks fit. 
(5) Where an order is made under this section and, between the end of 
the period of six months beginning with the date when the patent concerned ceased 
to have effect and the date of the application under  this section, any person has 
begun in good faith to use the patented invention or has made effective arid 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 sub-section (5), that other  and any other person 
claiming through him shall be entitled to deal with the product in the same way as if it 
had been disposed of by a sole registered proprietor. 
CHAPTER XIII 
REVOCATION AND SURRENDER OF PATENTS 
46. Revocation of patent by High Court.– (1) Subject to the provisions of this 
Ordinance, a patent may, on the petition of any per son interested or of the Federal 
Government or on a counter-claim 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 
Government, if the High Court is satisfied that the patentee has without reasonable 
cause failed to comply with the request of the Federal Government to make, use or 
exercise the patented invention for the services of the Government upon reasonable 
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. 
(2) Where an application is made under this section, the Controller shall 
give notice to the patentee and shall give to the applicant and the patentee an 
opportunity of being heard before deciding the case. 
(3) If, on an application under this section, the Controller is satisfied 
that any of  the grounds specified in sub-section (1) are established, he may by 
order direct 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. 
48. Revocation of patent by the Federal Government.– Where the Federal 
Government is of the opinion that– 
(a) a  patent  or  the  mode  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; license 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 anti- competitive 
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, and thereupon the patent shall be deemed to have 
been revoked: 
Provided that proceedings upon clause(c) shall not begin before the expiration 
of two years from the grant of first compulsory license. 
49. Revocation of surrendered patent by Controller.– (1) A patentee may, at 
any tune by giving not ice in the prescribed manner to the Controller, offer to 
surrender his patent. 
(2) Where an offer under sub -section (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. 
CHAPTER XIV 
POWER OF CONTROLELR 
50. Controller to have certain power of a civil court.– (1) 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 affidavit; 
(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 may 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  sub- section (1), otherwise than in pursuance of a request made under this 
section, he shall give  notice of the proposal to the patentee or the applicant for the 
patent, as the case may be and to  any  other person who appears  to  him to  be 
concerned, and shall give  them an  opportunity of  being  heard before making the 
correction. 
(4) Where a request  is made under sub-section (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 advert ised in the 
prescribed manner. 
(5) Within the prescribed time after any such advertisements as referred to 
in sub-section (4),  any person interested may give notice to  the Controller of 
opposition to  the request, and, where such notice of opposition is given, the 
Controller shall give notice thereof to the person by whom the request was made, 
 
and shall give to him and to the opponent an opportunity of being heard before he 
decides the case. 
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 cross-
examined on the contents of his affidavit. 
53. Exercise of discretionary powers by Controller.– Without prejudice to any  
provision of th is Ordinance requiring the Controller to hear any party to the 
proceedings thereunder or to give any such party an opportunity of being heard, the 
Controller shall give to any applicant for a patent or for amendment of a specification, 
if within the prescribed time the applicant so requires, an  opportunity of being heard 
before exercising adversely to the applicant any discretion vested in the Controller by 
or under this Ordinance. 
CHAPTER XV 
REGISTER OF PATENTS 
54. Register of Patents.– (1) There shall be kept at the Patent Office a Register 
of  Patents, where in 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 
(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 Reg ister, and the Controller shall not be affected by any such 
notice. 
(4) Subject to the sup erintendence and d irection 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 writing in the prescribed manner to the 
Controller for the registration of his title or, as the case may be, of notice of his 
interest in the Register. 
(2) Without  prejudice  to  the  provisions  of  sub-section  (1),  an  
application  for  the registration of the title of any person becoming entitled by 
assignment to a patent or a share in a  patent or becoming entitled by virtue of a 
mortgage, license or other instrument to any other interest in a patent may be made 
in the prescribed manner by the assignor, mortgagor, licensor or other party to that 
instrument, as the case may be. 
 
(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 i n the Register as proprietor or co-proprietor of the patent, and  
enter in the Register particulars of the instrument or event by which he 
derives title; or 
(b) where  that  person  is  entitled  to  any other  interest in  patent, enter  
in  the R egister  notice  of  his  interest,  with  particulars  of  the  
instrument,  if  any, creating it. 
(4) Subject to the provisions of this Ordinance relating to co-ownership of 
patents and subject also to any rights vested in any other person of which notice is 
entered in the Register, the person or persons registered as grantee or proprietor of 
a patent shall have power to assign, grant  licenses under, or otherwise deal with, 
the patent and to give effectual receipts for any consideration  for any such 
assignment, license or dealing: 
Provided that any equities in respect of the p atent 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 w ith 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 app lication made und er section 55, a 
document in respect of which no entry has been made in the Register under sub-
section (3) of section 54 shall not be admitted in any Court as evidence of title of 
any person to a patent or share of or interest in 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 
sub-section (2), where– 
(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 o wner of the patent or his licensee, is anti-
competitive, and the Federal Government is satisfied that the 
exploitation of the invention in accordance with this sub-section would 
remedy such practices; or 
(iii) the patent holder refuses to grant a license 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  
dissertation 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 sub–
section (2), give the owner of the patent and any interested person an opportunity of 
being heard if he wishes to be heard. 
(3) The exploitation of the patented invention shall be limited to the 
purpose for which it  was authorized and shall be subject to the payment to the 
said owner of an adequate remuneration 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 sub-section (1), the 
need to correct anti-competitive practices. 
(4) A  request  for  the  Federal  Government  authorization  shall  be  
accompanied  by evidence that the owner of the patent has received, from the 
person seeking the authorization, a request for a con tractual 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 sub-section shall not apply in cases of– 
(i) national emergency or other circumstantial urgency provided that in 
such cases the owner of the patent shall he informed of the decision 
of the Federal Government as soon as reasonably practicable; 
 
(ii) public non-commercial use; and 
(iii) anti-competitive practices determined as such by a judicial or 
administrative body in accordance with clause (ii) of sub-section (1). 
(5) The exploitation of a patented invention in the field of semi-conductor 
technology shall only by authorized either for public non-commercial use or where 
a judicial or administrative body has determined that the manner of exploitation of 
the patented invention, by the owner of the patent or his licensee, is anti-competitive 
and if the Federal Government is satisfied that  the issuance of the non-voluntary 
license would remedy such practices. 
(6) The authorization shall 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 non-voluntary license under section 59. 
(7) Where  a  third  person  has  been  designated  by  the  Federal  
Government,   the authorization may only be transferred with the enterprise or 
business of the person or with the  part of the enterprise or business within which 
the patented invention is being exploited. 
(8) Where the exploitation of the invention by the Government agency or 
third person designated by the Federal Government is authorized under clause (i) 
of sub-section  (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 authorized to exploit the patented invention, the Federal 
Government may, after hearing the parties, if either or both wish to be heard, vary 
the terms of the decision authorizing the  exploitation of the patented invention to 
the extent that changed circumstances justify such variation. 
(10) Upon the request of the owner of the patent, the Federal Government 
shall, subject to adequate protection of the legitimate interest of the persons so 
authorized, 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 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 sub-section (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 Govern ment agency or third 
person designated by it justified the maintenance of the decision. 
(12) An appeal shall lie to the H igh Court against the decisions of the 
Federal Government under sub-sections (1) to (9). 
59. Powers of Controller in granting compulsory licenses.– (1) On request, 
made  to the Controller after the expiration of a period of four years from the date of 
filing of the patent application or three years from the date of the grant of the 
patent, whichever  period  expires last, the Controller may issue a  non-voluntary 
license 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 sub-section (1), a non-voluntary 
license shall not be issued if the owner of the patent satisfies the Controller that 
circumstances exist which justify  the non- exploitation or insufficient exploitation of 
the patented invention in Pakistan. 
(3) The decision issuing the non-voluntary license shall fix– 
(i) the scope and function of the license; 
(ii) the time limit within which the licensee must begin to exploit the  
patented invention; and 
(iii) the amount of the adequate remuneration to be paid to the owner of 
the patent and the conditions of payment. 
(4) The beneficiary of the non-voluntary license shall have the right to 
exploit  the patented invention in Pakistan ac cording 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 non-voluntary license to the extent necessary to avoid infringement of 
the earlier patent. 
(6) Where a non-voluntary license is issued under sub-section (5), the 
Controller upon the requ est of the owner of the earlier patent shall issue a non-
voluntary license in respect of the later patent. 
(7) In the c ase of a r equest for the issuance of a non-voluntary license 
under sub-sections (5) and (6), sub-section (3) shall apply mutatis mutandis with the 
provision that no time limit needs to be fixed. 
(8) In the case of a non-voluntary license issued under sub-section (5), 
the transfer may made only with the later patent, or, in the case of a non-voluntary 
license issued under sub-section (6), only with the earlier patent. 
(9) The request for the issuance of a non-voluntary license shall be subject 
to payment of the prescribed fee. 
(10) The provisions of sub-sections (2) to (10) of section 58 shall apply 
mutatis mutandis for issuance of a non-voluntary 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 counter-claim for revocation of the patent is made by 
the defendant, the suit along with the counter-claim, shall be transferred to the High 
Court for decision. 
(2) Every ground on which a patent may be revoked under the provisions  
of  this Ordinance shall be available by way of defence to a suit for infringement. 
61. Reliefs in suits for infringement.– (1) In any suit for infringement the Court 
shall have the power,– 
(a) to grant relief by way of damages, injunctions or a ccounts provided 
that, where  permitted, ef fective 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– 
(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 r egard 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 reasonab le 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 heard, shall take place upon request of the defendant with a 
view to deciding within a reasonable period after the notice of the 
measures, whether these measures shall be modified, revoked or 
confirmed; 
(e) the Court may require the applicant to supply other information 
necessary  for identification of the goods concerned; 
(f) without prejudice to the provisions of 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 thirty-one 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 the defendant 
appropriate compensation for an injury caused by these measures. 
62. Damages not 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 be not be deemed to have been aware or to have had reasonable grounds for 
supposing as aforesaid by reason on ly 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 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 a 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 sub-section  shall  not  apply  to  the  costs  of  any  appeal  
in  any  such proceedings as aforesaid. 
66. Remedy for groundless threats of infringement proceedings.– (1) Where 
any  person, whether entitled to or interested in a patent or an application for a 
patent or not, threatens any other person by circulars, advertisements or otherwise 
with proceedings for infringement of a patent,  any person aggrieved thereby may 
bring suit against him for any such relief as is specified in sub-section (2). 
(2) Unless in any suit under sub-section (1) the defendant proves that the 
acts in respect of  which proceedings were threatened constitute or, if done, would 
constitute an infringement of a patent or of rights arising from the publication of a 
complete specification in respect of a claim of the  specification not shown by the 
plaintiff to be invalid, the plaintiff shall be entitled to the following reliefs, namely:– 
(a) a declaration to the effect that the threats are unjustifiable;  
(b) an injunction against the continuance of the threats; and 
(c) such damages, if any, as he has sustained thereby. 
(3) For the avoidance of doubt, it is hereby declared that a mere notice of 
the existence of a  patent does not constitute a threat of proceedings within the 
meaning of sub-section (1). 
67. Power of Court to made declaration as to non-infringement.– (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 p articulars 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 ord er 
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 aft er 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 sub-
section (1) shall be fixed by the Court and shall include the costs of making a report 
and a proper daily fee for any day on which the scientific adviser may be required to 
attend before the Court, and such remuneration shall be defrayed out of moneys 
provided by the Federal Government for the purpose. 
CHAPTER XVIII 
APPEALS 
69. Appeals.– (1) No appeal shall lie from any decision, order or direction made 
or issued under this Ordinance by the Federal Government, or from any act or order 
of the Controller for the purpose of  giving effect to any  such decision, order  or 
direction. 
(2) The public authorities and officials shall be exempted from liability to 
appropriate remedial measures where actions are taken or intended in good faith 
in course of  administration of this Ordinance. 
(3) Subject to sub-section (1), an appeal shall lie to the High Court from 
any decision, order or direction of the Controller or, as the case may be, the Federal 
Government under any other 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 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 
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. 
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 f ive 
thousand rupees. 
Explanation 1.–  For the purposes of this section, a  person sha ll 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”, “p atented”,  “patent  applied  for”,  
“patent 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 
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 five thousand rupees. 
(2) If any person, b eing required to furnish any such information as is 
referred to in sub- section (1), furnishes information or a statement which is false, 
and which he either knows or has reason to believe to be false or does not believe 
to be true, he shall be punishable with fine which may extend to 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 five thousand rupees. 
77. Penalty for p ractice by no n-registered patent agents.– If  any  person 
contravenes  the prov isions of section 82, he shall be punishable with fine which 
may extend to twenty five thousand rupees in the case of a first offence and one 
hundred thousand rupees in the case of a second or subsequent offence. 
78. Offences by companies, etc .– (1) Where 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 
persons qualified to practice before the Patent Office as patent agents. 
80. Registration as patent agent.– The Controller may, on an application made 
in the prescribed manner, register as a patent agent any person who is a citizen of 
Pakistan, has completed the age of twenty-one years, poss esses the prescribed 
qualifications and has paid the prescribed fee. 
81. Subscription and verification of certain documents by patent agents.– 
 
(1) Subject to sub- section (2) and rules, all applications and communications to the 
Controller under this Ordinance may be s igned by a  patent agent authorized in 
writing is 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 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: 
 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 shall 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 h as 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  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 bus iness under this 
Ordinance, is a director or manager of the company or is a partner in 
the firm. 
(2) The Controller sh all refuse to recognize as agent in resp ect 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 
(c) an advocate, not being a patent agent, from taking part in any 
proceedings under this Ordinance otherwise than by  way of drafting 
any specification. 
CHAPTER XXI 
INTERNATIONAL ARRANGEMENTS 
86. Power of the Federal Government to declare a country as Convention 
country.– (1) With a view to the fulfillment of a treaty, convention or arrangement 
between Pakistan and any other country, the Federal Government may, by 
notification in the official Gazette, declare such country to  be the Convention 
country for the purposes of this Ordinance, in addition to the members of the World 
Trade Organization. 
(2) A d eclaration under  sub-section (1) may be made for the purpos es 
either for all or for some only of the provisions of this Ordinance, and a country in 
the case of which a declaration made for the purposes of some only of the 
provisions of this Ordinance is in force shall 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 months thereafter, or within such further period as the Controller may on good 
cause allow. 
(2) If any such specification or other document referred to in sub-
section (1) is in a foreign language, a translation into English of the specification or 
document, verified by affidavit or otherwise to the satisfaction of the Controller, shall 
be annexed to the specification or document. 
(3) For the purposes 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. 
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 form patentees.– (1) The 
Controller may, at any time during the continuance of the patent, by notice in writing, 
require a patentee or a licensee, exclusive or otherwise, to furnish to him within two 
months from the date of such notice or within such further time as the Controller 
may allow, such information or such periodical statements as  to the extent to 
which the patented invention has been commercially worked in Pakistan as may be 
specified in the notice. 
(2) Without prejudice to the provisions of sub-section (1), every 
patentee and  every licensee, whether exclusive or otherwise, shall furnish in such 
manner and form and at such intervals, not being less than six months, as may be 
prescribed, statement as to the extent to which the patented invention has been 
worked on a commercial scale in Pakistan. 
(3) The Controller may publish the information received by him under sub-
section (1) or sub-section (2) in such manner as may be prescribed. 
94. Evidence of entries, documents, etc.– (1) A certificate  purport ing to  be 
signed  by  the Controller as to any entry, matter or thing which he is authorized by 
this Ordinance or any rule to make or do, shall be prima facie evidence of the entry 
having been made and of the contents thereof and of the matter or thing having 
been done or omitted to be done. 
(2) A copy of any entry in any Register or of any document kept in the 
Patent Office or of any patent, or an extracts from any such Register or document, 
purporting to be certified by the Controller and sealed with the seal of the Patent 
Office shall be admitted in evidence in all courts, and in all proceedings, without 
further proof or production of the original. 
(3) The Controller or any other officer of the Patent Office shall not, in 
any  legal proceedings to which he is not a party, he 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 interested in the making of the statement or the 
doing of the thing. 
 
96. Service of notice, etc., by post.– Any notice required or authorized to be 
given by or under this Ordinance, and any application or other document so 
authorized or required to be made or filed, may be given, made or filed by post. 
97. Security for cost.– If any party by whom notice of any opposition is 
given under  this Ordinance or by whom application is made to the Controller for 
the grant of a licence under a patent neither r esides 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. 
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 va lid, as the case may be, the Court shall 
transmit a copy of its judgement and decree to the Controller who shall on receipt 
thereof cause an entry in relation to such proceedings to be made  in  the 
prescribed manner in a supplemental record. 
(3) The provisions of sub-section (1) and (2) shall also apply to the 
Court to  which appeals are referred against decisions of the Courts referred to in 
those sub-sections. 
99. Transmission of copies of specifications, etc., and inspection thereof.– 
Copies of all such specifications drawings and amendments left at the Patent Office 
as become open to public inspection under the provisions of the Ordinance shall 
be transmitted, as soon as may be, after the  printed copies thereof are 
available, to such authorities as the Federal Government may appoint in this 
behalf, and shall be open to the inspection of any person at all reasonable times at 
places to be specified by those  authorities with the approval of the Fed eral 
Government. 
100. Information relating to patents.– Any person making a request to the 
Controller  in the prescribed manner for information relating to any such matters, as 
may be prescribed, as respects any patents 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 patent.– If a patent is lost or destroyed, or its  
non-production is accounted for to the satisfaction of the Controller, the Controller 
may at any time, on application made in the prescribed manner and on payment of 
the prescribed fee,  cause a  duplicate thereof to be sealed and delivered to the 
applicant. 
102. [*****] (This Section has been deleted and has no more effect through 
“An Ordinance to amend the Patents Ordinance, 2000) 
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 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 r espect 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. 
(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 t he 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 a 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 t h e  p e r s o n  who may have availed 
themselves  of the subject matter of the patent after the p atent 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 roll of scientific advisors 
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 matter connected with the practice and conduct of the 
patent agents; 
(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; 
 
(xiv) the manner to establish the regime for exhaustion of intellectual  
property rights; 
(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 the procedure for grant of such patents; 
(xvii) the  procedure  and  the  criteria  for  determining  the  remuneration 
for a compulsory license and the terms and conditions for licensing  
agreements in cluding, in particular, those which do not adversely 
affect  competition 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 (II of 1911), is 
hereby repealed. 
(2) Notwithstanding the repeal of the Patents and Designs Act, 1911 (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 sub-section (2), the provision of this 
Ordinance shall app ly 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 (II of 1911), as if this 
Ordinance had not come into force. 
107. Acts d one in good faith.– No  suite,  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 o r 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. 
MUHAMMAD RAFIQ TARAR, President 
MR. JUSTICE 
FAQIR MUHAMMAD KHOKHAR, Secretary