PCT Application in Bangladesh
Bangladesh is not a signatory of PCT. However to claim priority the applicant must file updated information about the PCT application within 90 days time from the date of filing application in Bangladesh.
In case of claiming priority based on an application filed in any PCT countries, the applicant must submit the information of PCT application at the time of filing the national application and submit a certified copy of the specification of the foreign patent application within 90 days time from the date of filing in Bangladesh.
Priority Details (including Patent Application number, date and country of origin) where priority is claimed. Certified Copy of priority document must be filed within 3 months of filing of Patent Application in Bangladesh. Verified/ notarised English translation of the priority document if priority document is in any language other than English.
Priority Provision
Priority: In case of priority application, the priority documents should be submitted along with the application or within 12 months from the date of first filing as provided by the Paris Convention.
Priority Details (including Patent Application number, date and country of origin) where priority is claimed. Certified Copy of priority document must be filed within 3 months of filing of Patent Application in Bangladesh. Verified/ notarised English translation of the priority document if priority document is in any language other than English.
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 which 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.
What are the types of Patent protection in Bangladesh?
Process Patent and Product Patent are the two types of Patent protection in Bangladesh.
Is Utility Model can be registered under Patent Law in Bangladesh?
No, Utility Model Protection isn’t provided under Patent Law in Bangladesh.
What are the types of Patent Applications in Bangladesh?
The following are the types of Patent Applications in Bangladesh: Non-Convention Application Convention Application
What is the Patentable subject matter in Bangladesh?
In Bangladesh, any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability, subjects to Patentability.
Time frame for examination from the date of application
The time frame for examination is 18 months approximately from the date of application.
Time frame for publication from the date of acceptance
The time frame for publication is minimum 12 months from the date of acceptance.
When can an opposition be raised against a Patent application in Bangladesh
In Bangladesh, an opposition against a Patent application can be raised at the pre-grant stage. Pre-grant opposition in Bangladesh is filed as per Section 9 of the Act, at any time, within four months from the date of advertisement of the acceptance of a complete specification, any person may give notice of opposition to the grant of Patent to the Registrar on limited grounds
What permissible amendments could be made to a Patent in Bangladesh
The following are the permissible amendments: Clarifying the invention without resulting in varying the scope of invention. Any addition to cover improvements or amendments to the invention of an earlier patent, varying the scope of invention. Substantial amendments to claims. Substantial amendments to descriptions.
What is the term for Patent protection?
The Patent of invention lasts for 16 years in Bangladesh.
When Annuity (Renewal) is required?
The term-limited in every patent for the duration thereof is sixteen years from its date of application or the date of the priority application. Renewal is required for the fifth year before the expiry of the fourth year up to the 15 years. A grace period is 90 days with late fees. In case of priority, the commencement of four years shall start from the date of the priority application.
Annuity (Renewal) Payment Procedure
Annuity fees may be paid yearly. It also may be paid for several years in advance. Annuity fees may be paid within 3 months from the date of expiration of the year/s for which annuity fees are paid.
Time frame for payment of Annuities before the due date
The payment of Annuities can be made any time before the due date.
Documents required for the recordal application for a Patent
The documents required are as follows:
1. CHANGE OF NAME/LEGAL FORM/ADDRESS Certified copy of extract from the Registrar of Companies with required translation Power of Attorney
2. ASSIGNMENT: Deed of Assignment Power of Attorney
3. MERGER: Deed of Merger Power of Attorney
How long does it take for a Patent to be granted in Bangladesh?
In Bangladesh, it takes around 4 years approximately for a Patent to be granted.
Which the Patent protection is granted in Bangladesh?
The Patent and Design Rules, 1933 (as amended up to 15th June 1946) deals with the mechanism of Patent protection in Bangladesh.
Compulsory licensing
If the applicant interested, an application can be made to the patent office for a compulsory licenses and thus a license may obtained.
Patent application in Bangladesh can be filed in two categories:
(1) Ordinary Applications
(2) Convention Application (claiming priority from a convention country)
How to file a Provisional and Complete application in Bangladesh?
A provisional specification is often the first application to be filed in respect of an invention. It usually contains only a brief description of the invention and need not contain claims. However, a complete specification must be filed within 9 months from the date of filing of the provisional specification. The complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed.
How to file Patent of Addition in Bangladesh?
In accordance with Section 15A of the Patents & design Act 1911, a patent of addition is a mere improvement or modification of an already filed invention. An application of patent of addition is not granted a patent before the main invention. No renewal fee is required to be paid for the patent of addition and it expires along with the main invention/patent. However, if the main patent is revoked, then the patent of addition may be converted into an independent patent on request of the applicant(s). Under such circumstances, same renewal fee must be paid as if the patent has been originally granted as an independent patent.
The complete specification should include
1) Title of the invention, the nature of the invention and the manner in which it is to be performed.
2) Whether the invention is a product/device/product or process or the both.
3) Filed of the invention.
4) Prior art of the invention.
5) Objective of the invention.
6) Brief description of the drawings (if any).
7) Detailed description of the invention with reference to the accompanied drawings (if any).
8) Novelty of the invention.
9)Inventive steps of the invention.
10) Industrial applicability of the invention.
11) Claims (showing novelty).
12) Abstract.
13) Computer printed specification with font size 11-13 in A4 size offset paper
Drawings (if any) Formalities
Drawings (if any) should be according to rule 15 to 18 of the P&D Rules, 1933 and include:
I. A4 size tracing paper according to the provisions of the Patents& Designs Rules 1933 along with a duplicate in photo copy.
II. Name and number of the drawings should be referred to the description of the complete specification.
III. margin in each side.
IV. Appl c ’ d ppl c tion number should be mentioned in the left top corner of the drawing sheets.
V. Sheet number and the consecutive number of sheets should be mentioned in the right top corner of each drawing sheets.
VI. Each sheet of the drawings should be signed in the right bottom of each sheet by the applicant or the agent of the applicant.
Printing Formalities
Computer printed specification with font size 11-13 in A4 size offset paper
a) Margins: left 2.5 cm, all others 2 cm;
b) Each fifth line should be numbered on the middle;
c) All pages should be numbered;
d) The claims should start on a new page;
e) The claims should contain the same reference numbers as used in the drawings;
f) All drawings should be numbered, indicating the total number of sheets (1 of 3, 2 of 3, etc).
g) If any of the documents filed by the applicant is not in line with these physical requirements, the Department of Patents, Designs & Trademarks, Bangladesh will send an invitation to provide corrected sheets.
In Bangladesh an examination of a patent application is carried out automatically without a formal request being made.
As per section 5 of the Patents & Designs Act 1911, the Registrar shall refer to an examiner every application in respect of which a complete specification has been filed for making him a report in regard to the patentability of the invention and whether other requirements of the Act and rules has been complied with. The first examination report is generally issued within 18 months of the filing date of application in Bangladesh.