Ever wondered how to protect your invention? Patent registration is the process of obtaining legal protection for an invention by filing an application with the relevant governmental authority, typically a patent office. This process grants the inventor exclusive rights to use, produce, and sell the invention for a specified period, usually 20 years from the filing date.
Anyone whether a citizen or expatriate can file a patent application in Bangladesh at the Department of Patents, Designs, and Trademarks (DPDT).
Achieving a patent can be a lengthy and challenging process that requires significant expertise and experience. At Align IP, our professionals are fully qualified to assist clients in securing your inventions across various fields.
Application:
Patent registration is the process of securing legal protection for an invention by filing an application with the relevant governmental authority, typically a patent office. This process grants inventor(s) exclusive rights for a specified period.
The application, through a prescribed form, should include a declaration that the applicant has the invention, claims to be the true and first inventor, or is the legal representative or assignee of the inventor, and must be accompanied by a complete specification.
Specifications:
A complete specification must clearly describe and ascertain the nature of the invention and how it is to be performed. It must begin with the title and conclude with a distinct statement of the claimed invention. Drawings can be submitted at any time before the application is accepted, but we recommend filing them on tracing paper at the time of application.
The complete specification should include the followings:
- Title of the invention, the nature of the invention and the manner in which it is to be performed.
- Whether the invention is a product / device or process or the both.
- Filed of the invention.
- Prior art of the invention.
- Objective of the invention.
- Brief description of the drawings (if any).
- Detailed description of the invention with reference to the accompanied drawings (if any).
- Novelty of the invention.
- Inventive steps of the invention.
- Industrial applicability of the invention.
- Claims (showing novelty).
- Abstract.
Convention & Priority:
Bangladesh has been a member of the Paris Convention for the Protection of Industrial Property since 1991, allowing priority to be claimed within one year from the first application filed in any member country. Priority cannot be claimed from a PCT (Patent Cooperation Treaty) application, even if it designates one of the member countries. To claim priority, the applicant must provide a certified copy of the foreign patent on which the priority is based.
Prevailing law:
Following Patent related laws are prevailing in Bangladesh:
- Patents, Designs Act- 2022
- Patents & Designs Rules- 1933
Key Steps:
The key steps involved in patent registration include:
- Determining Patentability:
- Novelty: The invention has to be new and not known to the public before the filing date.
- Utility: The invention must be useful and have a specific, substantial, and credible utility.
- Non-Obviousness: The invention must involve an inventive step that is not obvious to someone skilled in the relevant field.
- Preparing the Application:
- Description: Detailed description of the invention, including how it works and its potential uses.
- Claims: Clear and precise claims defining the scope of the invention’s protection.
- Drawings: If applicable, drawings or diagrams illustrating the invention.
- Abstract: A concise summary of the invention.
- Filing the Application:
- Submitting the completed application with prescribed form to the patent office with official fee.
- Examination Process:
- Formal Examination: The patent office reviews the application for compliance with formal requirements.
- Substantive Examination: A detailed review to assess the patentability of the invention, including novelty, non-obviousness, and utility.
- Response to Office Actions:
- Addressing any objections or requirements raised by the patent examiner during the examination process.
- Publication:
- The application is usually published 18 months after the filing date, making the details of the invention available to the public.
- Grant of Patent:
- If the application meets all requirements, the patent is granted, and the inventor receives exclusive rights to the invention.
Renewals:
Paying periodic renewal or maintenance fees to keep the granted /registered patent in force for many years. In Bangladesh a patent can be initially registered for 5 years and can be renewed for once a year for consecutive 15 years, totaling a 20 years of protection.
Requirements for Filing a Patent Application:
-
- Power of Authorization [Form – 31]
- Name & Nationality of the applicant / inventor(s).
- Address(es) and nationality of the applicant / inventor(s)
- Two sets of specification that includes
- Title
- Description
- Claims
- Drawings /Diagram (if any)
- Abstract
- One set of drawing /diagram on tracing paper
- One set of Legalized Deed of Assignment (if any)
- Certified copy of the foreign patent (in case of claiming priority)
- One copy CD of the specification of Patent
Patent registration offers legal protection, prevents unauthorized use of the invention, and can increase its commercial value. This process grants the inventor exclusive rights to use, produce, and sell the invention for a period of 20 years from the filing date.
Align IP can handle the entire process for you, helping you obtain a Patent Certificate in Bangladesh. Our professionals are happy to assist you and your company. Please do not hesitate to contact us for further information.
