How to a Patent registration in Bangladesh

Patent 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.

Patent 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.

SPECIFICATIONS

An application must contain a complete specification or provisional specification. A provisional specification must describe the nature of the invention. A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement, of the invention claimed. If the applicant does not leave a complete specification with his application, s/he may leave it at any subsequent time within nine months from the date of the application

The Registrar may require that suitable drawings/model or sample of anything illustrating the invention shall be supplied and such drawings/model or sample shall be part of the complete specification.

FILING REQUIREMENT

To file a Patent Application following information are required:

(a) Name of the inventor (applicant),

(b) Address(s) and nationality of the inventors,

(c) Two sets of specification and one set of drawing on tracing paper (transparent),

(d) One set Legalized Deed of Assignment (if any),

(e) Power of Attorney [Form – 31],

(f) Certified copy of the foreign patent (in case of claiming priority)

ADVERTISEMENT ON ACCEPTANCE OF APPLICATION

On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection.

OPPOSITION

Any person at any time within four months from the date of the advertisement of the acceptance of an application give notice at the DPDT of opposition to the grant of the patent. The opponent must state the grounds of his opposition.

GRANT AND SEALING OF PATENT

If there is no opposition a patent shall be granted, subject to such conditions as the authority thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Controller shall cause the Patent to be sealed with the seal of the Patent Office.

TERM OF PATENT

The term limited in every patent for the duration thereof is sixteen years from its date and renewal is required after four years up to 15 years. In case of priority, the commencement of four years shall start from the date of priority application.

REMEDY FOR INFRINGEMENT

A patentee may institute a suit in a District Court having jurisdiction to try the suit against any person who makes, sells or uses the invention without his license, or counterfeits it, or imitates it. A successful plaintiff is entitled to the relief in the form of injection, damages or an account of profit.

Procedure for filing a patent application in the Department of Patents, Designs and Trademarks, Ministry of Industries, Bangladesh:

1. Anybody whether Bangladeshi or not and whether alone or jointly can file an application for Patent in the Department of Patents, Designs and Trademarks, Ministry of Industries, 91, Motijheel C/A, Dhaka-1000.
2. In case of foreigners’ application should be made through Bangladeshi local law Firm.
3. To file a Patent application the following documents and information should be furnished:

1. A forwarding letter addressed to the Registrar of the Department of Patents, Designs and Trademarks.
2. Duly filed in prescribed form (Form-1 or 1A / 2 or 2A as the case may be)

III. Bank draft or duly filled in challah form of Tk. 2,000/- (Two thousands) only in case of ordinary application having specification of 25 pages and 10 claims. More than 25 pages and 10 claims each page and each claim will be charged at Tk. 100/- (One hundred) only;

1. In case of priority application. Application fee is Tk.10, 000/-(Ten thousands) only for 25 pages of specification and 10 claims. More than 25 pages and 10 claims each page and each claim will be charged at Tk. 100/- (One hundred) only.
2. One set of drawing sheets (if any) in tracing paper with duplicate in photocopy.
3. Complete specification two sets (in Form3A).

4. The complete specification should include the followings:
5. Title of the invention, the nature of the invention and the manner in which it is to be performed.
6. Whether the invention is a product/device/product or process or the both.

III. Filed of the invention.

1. Prior art of the invention.
2. Objective of the invention.
3. Brief description of the drawings (if any).

VII. Detailed description of the invention with reference to the accompanied drawings (if any).

VIII. Novelty of the invention.

1. Inventive steps of the invention.
2. Industrial applicability of the invention.
3. Claims (showing novelty).

XII. Abstract.

XIII. Computer printed specification with font size 11-13 in A4 size offset paper.

5. Drawings (if any) should be according to rule 15 to 18 of the P&D Rules, 1933 and include:

1. A4 size tracing paper according to the provisions of the Patents& Designs Rules 1933 along with a duplicate in photo copy.
2. Name and number of the drawings should be referred to the description of the complete specification.

III. Margin in each side.

1. Applicants name and application number should be mentioned in the left top corner of the drawing sheets.
2. Sheet number and the consecutive number of sheets should be mentioned in the right top corner of each drawing sheets.
3. Each sheet of the drawings should be signed in the right bottom of each sheet by the applicant or the agent of the applicant.

6. In case of priority application, the priority documents should be submitted along with the application or within 12 months from the date of first filing as provided by the Paris Convention.
7. The normal deadline for acceptance of a Patent application is 18 months with 3 months extension from the date of filing.
8. In case of foreign application power of Attorney (in favor of the applicant) is to be submitted along with the application.
9. All types of Form and Fee Schedule are available in the DPDT’ website: www.dpdt.gov.bd.
10. Information relating to Attorney/agent is also available in the website.