Inside the DoI Patent & Design Section

The Department of Industry (DoI), through its patent and design section, examines and grants all patents and industrial designs in Nepal under the Patent, Design and Trade Mark Act 1965. A single application filed with this section at Tripureshwor, Kathmandu determines whether your invention or design gets legal protection for years to come.

Key Takeaways

• The patent and design section sits inside the Department of Industry, Nepal's sole industrial property authority.
• Nepal is a first-to-file jurisdiction — the section awards rights to the first valid applicant, not the first inventor.
• The section examines patent applications for novelty, inventive step, and industrial applicability before publication.
• Industrial design applications are examined for newness and originality of shape, configuration, or ornamentation.
• A 90-day opposition window follows publication in the Industrial Property Bulletin; the section handles any opposition proceedings.
• Patents are protected for 7 years (renewable), industrial designs for 5 years (renewable).
• Foreign applicants must file through a Nepal-based agent — Nepal is not in the PCT.

What exactly is the DoI patent and design section?

The patent and design section is the dedicated unit within the Department of Industry that handles everything related to patents and industrial designs — from initial filing through examination, publication, and grant. It operates under the Patent, Design and Trade Mark Act 1965, the single statute governing all three industrial property rights in Nepal. The section sits within the Foreign Investment and Technology Transfer Section of the DoI, at the department's offices in Tripureshwor, Kathmandu. It's a small, specialised team — and they are the only authority in the country that can grant you a patent or design right.

Who staffs the section and what do they look for?

The section is staffed by examiners and legal officers employed by the DoI. For patent applications, they assess three things: whether the invention is novel (not publicly known anywhere before your filing date), whether it involves an inventive step (not an obvious tweak to someone skilled in that field), and whether it can be made or used in industry. For industrial designs, they examine newness and originality — does the shape, configuration, or ornamentation look genuinely different from what's already out there? In practice, the examination is less exhaustive than you'd find in a large jurisdiction like the EPO or USPTO — Nepal doesn't yet have a corps of specialised engineering examiners. What this means for you: your application's specification and claims must be drafted clearly enough that a generalist examiner can follow them. A muddled or vague application almost always gets an objection.

How does a patent application move through the section?

You — or your Nepal-based agent — file the application form with supporting documents at the DoI counter. The section logs it, assigns a filing number, and begins a preliminary check. If the formalities are in order, the examiner dives into the technical substance. Under Sec. 4 and Sec. 7 of the Act, they check patentability requirements and may send you queries or objections. You respond in writing. Once the examiner is satisfied, the section orders the application published in the Industrial Property Bulletin. The law then gives any third party 90 days to oppose. If no opposition arrives, you pay the registration fee, and the section issues your patent certificate — a Schedule 2(b) document under the Act. From filing to certificate, plan on 12 to 14 months as a realistic timeline, though a flawless straightforward application might land in about 6 to 8 months.

How does the section handle industrial designs differently?

Industrial design applications follow a similar path but with a lighter examination. The section checks that your design is new and original — under Sec. 14 of the Act, a design that closely resembles an already-registered design or one publicly known in Nepal won't pass. They'll also confirm it's not purely functional (functional features belong in a patent, not a design). The same publication-and-90-day-opposition sequence applies. One critical difference: a design registration lasts 5 years, not 7, though it's also renewable. Our team can help you decide whether your creation is better suited for patent registration or industrial design protection — the section won't guide you on that strategic call.

What documents does the section require?

For a patent, you'll submit the application form, a complete specification (description, claims, abstract, and drawings if needed), and a notarised Power of Attorney if you're using an agent. Companies also need a board resolution authorising the filing. For an industrial design, you'll need the application form, clear representations of the design (drawings or photographs from multiple angles), and the same Power of Attorney and board resolution if applicable. Foreign applicants must additionally file a notarised copy of any home-country registration certificate — in English. Missing or inconsistently notarised documents are a frequent reason the section returns applications unexamined. A detailed checklist of what you'll need for any IP filing is available in our documents guide — the principles apply across patents and designs too.

What legal powers does the section have?

The DoI, through this section, acts as a quasi-judicial body. Under Sec. 21 and the First Amendment to the Act, the section can summon parties, hold hearings, and issue orders when an opposition or dispute arises. The section's Law Division conducts hearings that carry force similar to a District Court ruling — though decisions can be appealed to the Court of Appeal. This quasi-judicial role means the section isn't just a rubber stamp. When an opposition is filed during the 90-day window, the section withholds the certificate and runs a formal inquiry. In practice, contested matters can stretch timelines considerably beyond the standard 12–14 months.

What happens after the section publishes your application?

Publication in the Industrial Property Bulletin is the make-or-break moment. The section places your application details in the Bulletin, which is the DoI's official gazette for industrial property matters. For 90 days from that publication date, any person anywhere in the world can file an opposition. Oppositions are submitted to the DoI's Law Division — the quasi-judicial arm of the section. If an opposition arrives, the section suspends the grant, notifies you, and opens a hearing process. You'll need to argue why your patent or design deserves registration despite the objection. This can add months. If the 90 days pass quietly, the section invites you to pay the registration fee. Once paid, the certificate is issued. There's no automatic notification from the section — you or your agent need to monitor the Bulletin. Our team can help you keep track of deadlines and respond if an opposition surfaces; reach out through our contact page and we'll walk you through it.

What are the most common mistakes that stall an application at the section?

A thin specification is the number one reason applications stall. The section's examiners aren't mind-readers — if your description doesn't clearly explain how the invention works and what's novel about it, they'll object. Vague claims are a close second. The claims define the legal boundary of your right; write them too broadly and they'll be rejected for lacking support, write them too narrowly and you'll get a patent so weak it's barely worth the paper. For industrial designs, we see applicants submit a single sketch when the section really wants multiple views — front, back, top, bottom, sides, and sometimes perspective. A common mistake foreign applicants make: assuming the section accepts PCT-style filings or that Nepal is a Paris Convention priority destination without proper documentation. Nepal is a WIPO member and does recognise Paris Convention priority claims, but you must file a certified copy of the earlier foreign application with a notarised English translation — the section won't accept a bare priority claim. Read more about how international considerations work in our guide to international patent filing from Nepal.

What's a realistic Nepal example of how the section works?

Imagine a small engineering workshop in Birgunj that's developed a new type of water pump valve — more efficient than anything on the local market, with a unique internal mechanism. The owner files a patent application through an agent. The DoI section logs it and, within a few weeks, the examiner sends a query: the specification describes the pump well but doesn't clearly distinguish the new valve mechanism from existing valve types. The agent works with the inventor to add a detailed comparison and a clearer set of claims. The examiner accepts the amendment and orders publication. No one opposes during the 90-day window. About 13 months from the filing date, the section issues the patent certificate. The workshop now has a 7-year exclusive right to make and sell that valve in Nepal, renewable indefinitely. If the owner had instead only created a visually distinctive pump casing — same function, different look — an industrial design registration would have been the right call, with a 5-year term.

How does the section interact with trademark matters?

Although the patent and design section is separate from the trademark registration unit within the DoI, they share the same building, the same Bulletin, and the same overall legal framework — the Patent, Design and Trade Mark Act 1965. A product might need both a patent (for how it works) and a trademark (for the brand name under which it's sold). These are separate applications, filed in separate queues, examined by different teams — but all roads lead through the DoI. You can check for existing registered marks before you brand your invention using our trademark database search, and our trademark conflict checker helps you spot potential clashes early. For a deeper dive into how the trademark side operates, see our guide on how to register a trademark in Nepal.

What should you do before walking into the section?

Run a prior-art check. The section's examiners search their own records, but they're working with a relatively modest database. You don't want to discover prior art for the first time in their examination report. For patents, search the DoI's published patents — accessible through the department — and if possible run a broader search through WIPO's PATENTSCOPE to see what's been filed elsewhere that might affect novelty. For designs, search the DoI's design register and look at products in the Nepali market. The section will check for prior registration in Nepal specifically, but a strong application anticipates the examiner's concerns. Get your specification professionally drafted. If you're a foreign applicant, appoint a Nepal-based agent before you file — the section will not correspond with you directly if you lack a local address for service. For an overview of the full patent process from start to finish, our patent application process guide breaks down every step.

In short

The DoI patent and design section is a small but consequential office. It's the only door through which a patent or industrial design right enters Nepal. It examines, publishes, hears oppositions, and grants certificates — all under one statute, with a first-to-file rule that rewards the swift. Success with this section comes down to a well-drafted application, proper documentation, and patience through the publication window. If you're ready to start, search existing IP records to check your landscape, then get in touch with our team — we'll help you prepare an application the section can process without unnecessary back-and-forth.

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