History of Patenting in Bhutan:-
The Industrial Property Act of the Kingdom of Bhutan, 2001 regulates patent filing in Bhutan. The title given to protect an invention is referred to under the Act as a patent. For the purposes of this Act, “innovation” refers to a concept of an inventor that allows for the practical application of a technological issue solution. A product or a procedure may be the subject of an innovation. The patent in Bhutan provides prosecution process as filing examination publication registration renewal and also provides patent grant for 20years from the date of filing.
What is Patentable Invention in Bhutan?
The following points that make invention patentable:-
- If an invention is novel, requires an innovative step, and has industrial use, it qualifies for patent protection.
- An invention is novel if it hasn’t been done before.
- Prior art means everything that has been made public, wherever in the world, prior to the filing or, where appropriate, the priority date, of the application claiming the invention. This includes disclosures made orally, through publications in tangible form, through usage, or in any other way.
- With regard to the preceding sentence.
- If, in light of the previous art pertinent to the application asserting the invention and as specified in subsection ,
- it would not have been evident to a person of ordinary skill in the art, the invention is deemed to have involved an inventive step.
- A creation is deemed industrially applicable if it can be produced or utilized by any industry. The term “industry” shall have the broadest possible interpretation, including but not limited to, handicraft, agriculture, fisheries, and services.
- Patents cannot be granted for inventions whose commercialization would violate morality or the public good.
What are not Patentable Inventions in Bhutan?
The following are Non-patentable inventions:-
- Discoveries, natural laws, and mathematical techniques.
- Aesthetically pleasing designs
- Systems, rules, and techniques for the performance of mental work, games, or management
- Presentations of facts and abstract concepts.
Rights to Patents:-
- The inventor shall have the right to a patent.
- If an innovation was created by two or more people, they will all share joint ownership of the patent.
- The person whose application has the earliest filing date, or, if priority is claimed, the earliest validly claimed priority date, shall have 4 the right to the patent, provided that the aforementioned application is not withdrawn, abandoned, or rejected. This applies if and to the extent that two or more people have independently created the same invention.
- A patent’s ownership may be transmitted via succession or by assignment.
- The entitlement to a patent shall not apply where an innovation is created pursuant to an employment contract belong, in the absence of contractual provisions to the contrary to the employer.
Types of Patents Application in Bhutan:-
- Ordinary Patents
- Convention application with priority date, claiming on the basis of filing in convention countries
- Divisional patents
Procedure of filing an application in Bhutan:-
- Name, address, information about the applicant(s), and country of citizenship.
- Name, residence, and country of patent inventors.
- Complete or provisional specification with description, claims, abstract, and drawings.
- Written confirmation of the applicant’s rights from the inventor (assignment deed, employment agreement or any other arrangement).
- Authorization (POA) for Bhutan Patent Attorney or Agent.
Process for obtaining Patent Grant in Bhutan:-
Patent Filing → Patent Examination → Examination Response Submission → Patent Publication → Patent Substantive Examination (if examiner is not satisfied with response) → Patent Grant for 20 years from filing date of patent (if response or hearing arguments accepted) → Patent Renewal after 20 years from filing the patent.