The invention of a new phenomenon or the use of existing devices in a new way to obtain a result or product of agriculture, industry or services that did not have a precedent before
1- For an invention to be patentable it must meet the flowing criteria as laid down in the protection of patents rights act (1258)
2- According to Article 17 of the Law on the Protection of the Rights of Inventors and Discoverers (1258), the following items cannot be registered as inventions
The following items cannot be registered as inventions:
a) Financial table, method
b) An invention whose use in Afghan trade poses a threat to public order, Islamic, national and environmental values
c) Methods of diagnosing treatment or surgery to treat humans or animal
d) Plants and animals other than microorganisms and essentially biological process for producing plants and animals.
When an invention is made it belongs to the inventor unless his rights have been given or transfer willingness by himself to someone else, for example by agreement or through a contract of employment.
Under Afghan law, inventor / inventors or their legal representative can register a patent. Therefore, if you are interested in registering your patent, you can hire reputable representatives for this process or apply directly.
According to Article 4 of this law (1258), an invention that has the following items can be registered.
1- The invention is the exclusive right of the inventor, which includes the fields of production, process, new technology, and patents that can be used for industrial use, Provided that it has been registered in accordance with the provisions of the law (1258).
2- A new time invention is considered to not form a part of an art
3- An inventive step is proved when, according to the state of the art, it is not known to the inventor in art.
4- Inventions are acceptable for industrial use when used in accordance with the nature of the appetite in industry, agriculture and services.
The inventor acquires the exclusive right to manufacture, export, sell, sell and use the product, thus making, using, offering, selling, importing or importing a product or process based on patents without registration. The previous permission of the owner is prevented and the right conditions are created for a safe presence in the market.
· The patent process in the IP office consist of the following process:
· Submitting a patent application
· reviewing its form (formal examination)
· substantive examination (currently Sending for examination and stabilization to Academy of Science)
· Confirmation / Rejection of Invention
· Objection (if any)
· Issuance of certificate