History of Patenting in Bangladesh
The Patents, Designs, and Trademarks Act of 1883 were the first piece of legislation to be discovered in Bangladesh to protect IP. The Trademarks Act of 1940 and the new Patents and Designs Act of 1911, respectively, were passed after it was repealed. Then, in 2003, all of these Acts were revised, and the Departments of Patents, Designs, and Trademarks (DPDT) were established by joining the Patent Office and the Trademark Registry Office, two independently operating departments. After the Trademarks Ordinance was published in 2008, the Trademarks Act 2009 was passed. The British Copyright System and the Copyright Ordinance, which was enacted in 1962 after several Copyright Laws were combined, are the sources of the copyright system in Bangladesh. Following the implementation of this Ordinance till 1999, the Copyright Act was enacted in 2000 and amended in 2005.
What is Patentable Invention in Bangladesh?
There are following things that are patentable:-
- A “patent” is defined as any useful innovation which is related to a new technique of manufacturing, operation, or transmission,
- Invention should make on the foundation of a new theory or formula as per Section 2 of the Patent, Design, and Trademark Act of Bangladesh.
- The invention should be novel, should have inventive steps and must be industrial applicable.
What are not Patentable Inventions in Bangladesh?
- Discoveries, scientific theories, and mathematical procedures are not patentable as inventions;
- Plants, animals, and other microbes besides transgenic microbes, as well as a process that produces plants and animals that is primarily biological as opposed to non-biological and microbiological processes;
- Plans, guidelines, or techniques for conducting business, engaging in purely mental activities, or playing games;
- Methods for the surgical or therapeutic treatment of the human or animal body, as well as diagnostic techniques employed on the human or animal body, with the caveat that any product used in such a method must be patentable;
- A device that can be used to fuel an atomic weapon with particular nuclear material or energy; and
- Any invention whose commercial exploitation must not occur in Sri Lanka in order to safeguard the public order, morality, which includes the preservation of human, animal, plant, or human health, or the prevention of grave environmental discrimination.
Rights to Patents
There are following people who may apply for patent:-
- The invention’s true and original inventor
- The assignee of a claimant who represents themselves as the original and real inventor
- The legal representative of any decedent who, before to passing away, was qualified to submit such an application.
Types of Patent Applications:-
Four types of patents are granted under the patents
- Ordinary Application
- Provisional and complete Application.
- Convention application with priority date, claiming on the basis of filing in convention countries
- Patent of addition
Procedure of filing an application in Bangladesh:-
To file a patent application in Bangladesh are following:-
- Name of the inventor (applicant)
- Address(s) and nationality of the inventors
- Two sets of specification and one set of drawing on tracing paper (transparent)
- Three English-language versions of the patent specification and claims.
- Complete information about the applicant and inventors (name, nationality, and address);
- Three copies/sets of drawings (if any), one of which should be reproduced on tracing paper or cloth as formal drawings. Complete details regarding the applicant and inventors (name, nationality and address);
- One set Legalized Deed of Assignment (if any)
- Power of Attorney [Form – 31]
- Certified copy of the foreign patent (in case of claiming priority)
Process for Patent Grant in Bangladesh:-
Patent Filing → Initial Examination → Patent Publication(within 18 months) → Patent Examination request (4months from date of publication) → Examination Response Submission (within 90 days) → Accept or Reject → Patent Grant for 16 years from filing date of patent (if response arguments accepted) → Patent Renewal after 16 years from filing the patent.
