The patent registration process in Bangladesh has undergone significant changes with the introduction of the Bangladesh Patent Act of 2023. This new legislation aims to modernize the country's patent system and align it with international standards. This comprehensive guide will explore the critical aspects of patent registration under the new law, providing inventors and businesses with valuable insights into protecting their intellectual property in Bangladesh.
The Bangladesh Patent Act of 2023 replaces the previous Patents and Designs Act of 1911, bringing the country's patent system into the 21st century. Key features of the new act include:
This new legislation aims to foster innovation and attract foreign investment by providing a more robust framework for intellectual property protection.
Under the Bangladesh Patent Act, 2023, an invention must meet the following criteria to be eligible for patent protection:
Certain subjects are explicitly excluded from patent protection, including:
The first step in the patent registration process is filing an application with the Registrar. Here are the key points to remember:
Requirements: The application must include:
For complete specifications, additional requirements include:
Once you submit your application, the Registrar will perform a formalities check. If any conditions are not met, you'll be directed to make necessary corrections within a specified period. Failure to do so may result in your application being abandoned.
After 18 months from the filing date, your patent application will be published for public inspection. You can request earlier publication by paying a prescribed fee.
Within 90 days of the first publication, any interested party can file an opposition to your patent application. They must provide reasons and evidence supporting their objection.
You must request an examination of your patent application within 36 months of the filing date. This deadline can be extended by three months if necessary. Failure to request an examination will result in your application being considered abandoned.
The Registrar will evaluate whether your invention meets the conditions for granting a patent. If it does, a patent will be granted. If not, your application will be rejected and notified in writing within 30 days.
If your patent is granted, it will be published on the official website or through a notification.
Interested parties have another 90-day window to file an opposition after the second publication.
If there is no opposition, you will receive your letter of the patent upon payment of the sealing fee.
Patents in Bangladesh are valid for 20 years from the filing date. Annual fees apply from the end of the fifth year. You must renew your patent annually by paying the prescribed fee. Late payments are allowed within a 6-month grace period, subject to late fees. Failure to pay fees can result in patent revocation, but restoration is possible within one year.
To file a patent application in Bangladesh, you'll need to prepare and submit the following documents:
Ensure all documents are in English or Bengali, with certified translations provided for any documents in other languages.
Patent holders in Bangladesh enjoy exclusive rights to:
These rights are limited to the territory of Bangladesh unless international protection is sought.
The Bangladesh Patent Act, 2023 provides stronger provisions for enforcing patent rights. Patent holders can take legal action against infringers in the following ways:
The act also introduces provisions for alternative dispute resolution mechanisms, such as mediation and arbitration, to resolve patent disputes more efficiently.
Bangladesh is not yet a member of the Patent Cooperation Treaty (PCT), which allows for simplified international patent filing. However, inventors can still seek patent protection in other countries by:
The Bangladesh Patent Act, 2023 also includes provisions for recognizing and protecting patents granted under international agreements, paving the way for future accession to international patent systems.
The Bangladesh Patent Act 2023 introduces several important changes:
The Bangladesh Patent Act, 2023 marks a significant milestone in the country's intellectual property landscape. By modernizing the patent registration process and aligning with international standards, Bangladesh aims to foster innovation and attract investment. Inventors and businesses should familiarize themselves with the new act to effectively protect their intellectual property in this growing market.
To ensure proper protection for your inventions, consider consulting with a qualified patent attorney or agent who can guide you through the intricacies of the patent registration process in Bangladesh. Stay informed about any updates or amendments to the act, as the implementation of new legislation may involve some adjustments in the coming years.
Remember, securing a patent is just the first step in leveraging your intellectual property. Develop a comprehensive strategy to commercialize your invention and monitor the market for potential infringements. With the right approach, your patented innovation can contribute to technological progress and economic growth in Bangladesh and beyond.
