How to Register a Patent in Ba...

On April 11, 2022, Bangladesh enacted the Bangladesh Patent Act 2022, replacing the Patents and Designs Act of 1911. This modern legislation aims to align with international standards, including those set by the TRIPS Agreement and offers a clearer framework for patent registration and protection.

Key Aspects of the Bangladesh Patent Act 2022

• Definition and Duration: A patent provides the owner exclusive rights to an invention, preventing others from using the innovation for personal gain. The new law grants a patent protection period of 20 years, an extension from the previous 16 years under the old act.

Categories of Patent Applications:

• Ordinary Applications: Filed without claiming priority.
• Convention Applications: Filed within 12 months of an application in a convention country, claiming priority

Eligibility:

• The patent application can be made by:
• The true and first inventor(s).
• The assignee of the inventor(s).
• The legal representative of a deceased inventor.

Foreign applicants must apply through a local Bangladeshi law firm.

Filing Requirements:

• Title and Nature of Invention: A concise description, including whether it's a product or process.
• Field and Prior Art: The technical area and existing knowledge related to the invention.
• Detailed Description and Claims: A thorough explanation, including drawings, if applicable, and the specific legal claims.
• Novelty and Inventive Steps: Evidence that the invention is new and involves an inventive step.
• Industrial Applicability: Proof that the invention can be used in industry.

Applications must include a computer-printed specification, priority documents (if applicable), and other necessary documentation.

Proposed Changes and Provisions:

1. Extended Examination Time: The standard examination period is 36 months from the filing date, with provisions for extension in exceptional cases.
2. Penalties for False Registration: Fines are imposed for false registration or claims of patent rights, ranging from Tk 20,000 to Tk 50,000.
3. Rights of Inventor Successors: The law allows for the transfer of patent rights to successors.
4. Exclusions from Patentability: Inventions that conflict with public order and morality or are contrary to natural laws are excluded from patent protection. This includes plants, animals, and traditional knowledge.

The Registration Process

1. Preparation: Gather all necessary information and documents, including detailed descriptions, claims, and drawings.
2. Filing: Submit the application to the Department of Patents, Designs, and Trademarks (DPDT). For foreign applicants, this must be done through a local law firm. Examination: The DPDT examines the application for compliance and novelty. Grant and
3. Publication: Upon successful examination, the patent is granted and published, securing the inventor's rights for 20 years.
   

Conclusion
The Bangladesh Patent Act 2022 modernizes the country's approach to intellectual property, providing clearer guidelines and enhanced protection. For inventors and businesses, understanding this new framework is crucial for safeguarding innovations.

For more information or to start the patent registration process, contact SUPREMEiP at +8801613336333 or email [email protected].