What is patent?


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.

Why register patents in Afghanistan?


  1. The patent protects the patent and the patent owner is allowed to use the results after the final registration.
  2. 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
  3. In case of imitation and any misuse of the invention, it is possible for the owner of the work to take legal action. The property or owners can file a lawsuit against any person who violates their rights without permission
  4. As the owner of an invention, you can delegate the right to use it to others and receive a fee or points in return
  5. Patenting will empower the commercial value of the invention and thus increase profitability
  6. The main rational behind patent is knowledge development and technological innovations.

What is patentable and obstacles?


1- For an invention to be patentable it must meet the flowing criteria as laid down in the protection of patents rights act (1258)

  • It must be new
  • It must be involving an invention step
  • It must be capable of industrial application
  • d. )It must not be excluded (
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:
  • Financial table, methods
  • An invention whose use in Afghan trade poses a threat to public order, Islamic, national and environmental values
  • Methods of diagnosing treatment or surgery to treat humans or animals
  • Plants and animals other than microorganisms and essentially biological process for producing plants and animals

Why register patents in Afghanistan?


  1. The patent protects the patent and the patent owner is allowed to use the results after the final registration.
  2. 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
  3. In case of imitation and any misuse of the invention, it is possible for the owner of the work to take legal action. The property or owners can file a lawsuit against any person who violates their rights without permission
  4. As the owner of an invention, you can delegate the right to use it to others and receive a fee or points in return
  5. Patenting will empower the commercial value of the invention and thus increase profitability
  6. The main rational behind patent is knowledge development and technological innovations.

Who is entitled to file a patent application?


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.

Conditions for a patent to be eligible for registration?


According to Article 4 of this law (1258), an invention that has the following items can be registered.

  • 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).
  • A new time invention is considered to not form a part of an art
  • An inventive step is proved when, according to the state of the art, it is not known to the inventor in art
  • Inventions are acceptable for industrial use when used in accordance with the nature of the appetite in industry, agriculture and services.

Patent application filing requirements in Afghanistan?


  • Request to register with the Office of Intellectual Property Protection.
  • Copy of identity documents (ID)
  • Applicant’s details
  • Invention Information
  • Summary of the Explanation of the invention
  • Inventions / Maps
  • Power of Attorney/Authorization of Agent (Upon request of registration by the representative, the document confirms the representative)

Protection granted in Afghanistan


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.

Registration process


  • Submitting a patent application
  • reviewing its form (formal examination)
  • substantive examination (currently Sending for examination and stabilization to Academy of Science)
  • Invention Information
  • Confirmation / Rejection of Invention
  • Publication
  • Objection (if any)
  • Issuance of certificate