(1) The Department shall not register any patent under this Act in the following
circumstances:-
(a) In case the patent is already registered in the name of any
other person, or
(b) In case the applicant him/herself is not the inventor of the
patent sought to be so registered nor has acquired rights
over it from the original inventor, or
(c) In case the patent sought to be registered is likely to
adversely effect the public health, conduct or morality or
the national interest, or
(d) In case it is contradictory to the prevailing laws (the
registration of the patent) will constitute a contravention
of existing Nepal law.
Provided that noting contained in Clause (a) shall be
deemed to have prejudiced to update transfer of the
registration of any patent under Section 9.
(2) In the circumstances mentioned in Sub-Section (1), the
Department may cancel the registration of any patent which had been
registered.
Provided that the Department shall, before cancelling the registration of any
patent, provide reasonable opportunity to the patentee to show the cause, if
any, why the registration of this patent should not be cancelled.