(1) Any invention is patentable, if it is new, involves an inventive step and is capable of industrial application.
(2) Subject to sub-section (3), the following shall not be regarded as invention within the meaning of sub-section (1), namely:—
(a) a discovery, scientific theory or mathematical method;
(b) a literary, dramatic, musical or artistic work or any other creation of purely aesthetic character whatsoever;
(c) a scheme, rule or method for performing a mental act, playing a game of doing business.
(d) the presentation of information [;and]
[(e) substances that exist in nature or if isolated therefrom.]
(3) The provisions of sub-section (2) shall prevent anything from being treated as an invention for the purposes of this Ordinance only to the extent that a patent or an application for a patent relates to that thing as such.
(4) A patent shall not be granted:
[(a) for invention the prevention of commercial exploitation of which would be necessary to protect the “ordre public” or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by any law for the time being in force;]
[(b) for plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes;]
(c) for [diagnostic,] therapeutic and surgical methods for the treatment of humans or animals;
[(d) for a new or subsequent use of a known product or process; and
(e) for a mere change in physical appearance of a chemical product where the chemical formula or process of manufacture remains the same provided that this clause shall not apply to an invention fulfilling the criteria of patentability.]

(1) Any of the following persons, whether alone or jointly with any other person, may make an application for a patent, namely:—
(a) the true and the first inventors or inventors of the invention or his or, as the case may be, their assignee or successor in interest; and
(b) the legal representative of any deceased person who immediately before his death was entitled to make such application.

[(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) 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.
[(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;]
[(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—
[(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;
(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 [;or]
[(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.

The term of a patent under this Ordinance shall be twenty years from the filing date.