Owner of a patent has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent. Once a patent expires, the protection ends, and an invention enters the public domain, that is, anyone can commercially exploit the invention without infringing the patent.

Legal Basis

Patent Law of Afghanistan July 26, 2008

The patent law of Afghanistan was enacted on July 26, 2008 but due to the existing administrative chanllenges at the Afghanistan Patent & Trademark Office (APTO), still the patent department is not functional.

However, a measure of protection may be sought by publishing cautionary notices at regular intervals in local Dari or Pashto newspapers, thereby claiming ownership of the patent and warning third parties against infringement. Such notices could have legal value when submitted to the courts in the event of infringement.

Documents required:

• Patent’s title

• Patentee’s name

• Address and nationality

• Inventors’ names

• Claims

• Priority claims

• Abstracts

• Specifications

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