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An application for a patent may be made by any Bangladeshi or any foreigner, and by alone or jointly with any other person. The application must be made to the Department of Patents, Designs and Trade Marks (DPDT) in the prescribed form. The application must contain a declaration that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification.
Under the act, the Department of Patents, Design and Trademark (DPDT) provides patent protection (registration) to the patent holders for 16 years on payment of prescribed fees. The duration of protection may be renewed for a further period. A patent confers on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and of authorizing others to do so.
How is a Patent Granted in Bangladesh?
The first step in securing a patent is the filing of a patent application. The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. The application also contains various “claims“, that is, information which determines the extent of protection granted by the patent.
What kinds of Inventions can be protected in Bangladesh?
An invention must, in general, fulfil the following conditions to be protected by a patent. It must be of practical use; it must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called “ prior art“. The invention must show an inventive step that could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as “patentable“ under law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are generally not patentable.
Who can apply for a patent in Bangladesh?
In accordance to section 3 of Patent & Design Act, 1911 the application can be made by any of the following persons, either alone or jointly with any other person, whether he is a citizen of Bangladesh or not:
· the true and first inventor of the invention;
· the assignee of a person claiming to be the true and first inventor;
· the legal representative of any deceased person who immediately before his/her death was entitled to make such an application.
An invention may, during the period between the date of an application for a patent therefor and the date of sealing a patent on that application, be used and published without prejudice to that patent, and such protection from the consequences of use and publication is in this Act referred to as provisional protection.
In this section, the expression “date of an application for a patent” means, as respects an application which is post-dated or ante-dated under this Act, the date to which the application is so post-dated or ante-dated, and means, as respects any other application, the date on which it is actually made.]
How to file a Patent Application in Bangladesh?
Necessary requirements for Patent Application filing:
> Three copies of the Patent specification and claims in the English language;
> Three copies/sets of drawing (if any) – one copy/set of which should be printed on tracing paper or cloth as formal drawings.
> Complete details regarding the applicant(s) and inventor(s) (names, nationality and address);
> Duly executed Power of Authority for the Agent;
> A certified copy of the priority document (if any). If the document is in a language other than English, a verified English translation of the same is also required to be filed at the Bangladesh Patent Office.
All the details and other formal documents must be filed in English.
Timeline to get accepted
Unless an application is accepted within eighteen months from the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused:
Provided that where, before, or within three months after, the expiration of the said period of eighteen months, a request is made to the Registrar for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period so requested not exceeding in all three months from the expiration of the said period of eighteen months.
Advertisement on acceptance of application
On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertise the acceptance; and the application and specifications with the drawings (if any) shall be open to public inspection.
Opposition to grant of patent
1) Any person may, on payment of the prescribed fee, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the Department of Patents, Designs and Trade Marks of opposition to the grant of the patent on any of the following grounds, namely:-
(a) that the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or
(b) that the invention has been claimed in any specification filed in Bangladesh which is or will be of prior date to the patent, the grant of which is opposed; or
(c) that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or
(d) that the invention has been publicly used in any part of Bangladesh or has been made publicly known in any part of Bangladesh; or
(e) that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either froms the subject of an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in any document published in Bangladesh in that interval; but on no other ground.
(2) Where such notice is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those four months, after hearing the applicant and the opponent, if desirous of being heard, decide on the case.
(3) The decision of the Registrar shall be subject to appeal to the Government.
Date of Patent
Except as otherwise expressly provided by this Act, a patent shall be dated and sealed as of the date of the application:
Provided that no proceedings shall be taken in respect of an infringement committed before the advertisement of the acceptance of the application.