Patents Ordinance, 2000 — section 30

30. Rights conferred by patent..—1[(1) Subject to other provisions of this Ordinance, the holder of a valid patent in Pakistan shall have the following rights, namely:

(a)Where the subject matter of patent is a product, the holder of valid patent may prevent third parties not having the owner’s consent from the acts of making, using, offering for sale, selling, or importing for these purposes that product; and

(b)where the subject matter of a patent is a process, the holder of a valid patent may prevent third parties not having the owner’s consent from the act of using the process, and from the act of using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.] 2 [(2) The holder of a valid patent shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts.]

(3)The owner of the patent shall, in addition to any other rights, remedies or actions available to him have the right, subject to 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. 1 Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002) s. 11, for sub-section (1). 2 Subs.Ibid s. 11, for sub-section (2). 1 [(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;] 2 [(4A) Where a person has made an invention in Pakistan in respect of a process of manufacture of any of the products referred to in 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 3 [(a) acts in respect of articles which have been put on the market anywhere in the world by the owner of the patent or with his consent or by an authorized person or in any other legitimate manner such as compulsory licenses;]

(b)the use of articles on an aircraft, land vehicles or vessels of other countries which temporarily or accidentally enter the airspace, territory or waters of Pakistan;

(c)acts done only for experimental purposes relating to a patented invention;4*

(d)acts performed by any person who in good faith, before the filling or, where priority is claimed, the priority date of the application on which the patent is granted in Pakistan, was using the invention or was making effective and serious preparations for such use 5[;or] 3 [(f) acts done for teaching purposes in educational or research institutions.]

(6)The right of prior user referred to in clause (d) of subsection (5), may be transferred or devolve only together with the enterprise or business, or with that part of the enterprise or business, in which the use of preparations for use have been made. 31. Term of patent. The term of a patent under this Ordinance shall be twenty years from the filing date. 1 Subs. by the Patents (Amdt.) Ordinance, 2002 (95 of 2002), s. 11, for sub-section (4). 2 New sub-section (4A) ins. ibid., 3 Subs.Ibid for clause (a).” 4 The word “or” omitted ibid., 5 Subs. ibid., for full stop. 6 New clause (f) inserted, ibid.