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Patent

Patent registration & protection in Bangladesh

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. 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. Under this 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. 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?

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?

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.

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.

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.

Language

All the details and other formal documents must be filed in English.