Patent registration in Bangladesh

A patent is a form of intellectual property right granted by a government to inventors, giving them exclusive rights to their inventions for a limited period. It provides inventors with the right to prevent others from making, using, selling, or importing their invention without permission. Patents can cover various inventions, including products, processes, methods, or compositions of matter, that are new, useful, and non-obvious. To obtain a patent, inventors must file a patent application with the relevant patent office, disclosing the details of their invention. Upon approval, the patentee gains the exclusive right to exploit their invention commercially for a specified period, typically 20 years from the filing date. Patents encourage innovation by rewarding inventors with exclusive rights and providing incentives for research and development. They also promote economic growth by fostering competition, investment, and technological advancement in various industries. Additionally, patents facilitate the dissemination of knowledge by requiring inventors to disclose their inventions to the public, contributing to the collective body of scientific and technical information.

Specification 

Provisional Specification: The provisional specification outlines the nature of the invention, providing a broad description of the method and apparatus for automated document analysis. It briefly discusses the purpose and functionality of the invention without delving into specific details.

Complete Specification: The complete specification provides a comprehensive description and method for performing the invention of automated document analysis. It details the components, processes, and algorithms involved in the method and apparatus. Additionally, it includes specific instructions on how the invention is to be executed and utilized in practice.

Distinct Statement of Invention: The specification concludes with a distinct statement of the invention claimed, clearly delineating the scope of patent protection sought for the method and apparatus for automated document analysis.

Additional Requirements: The applicant may be required by the Registrar to provide suitable drawings, models, or samples illustrating the invention. These visual representations will supplement the complete specification and aid in understanding the invention’s technical aspects.

FILING REQUIREMENT

To file a Patent Application following information are required:

  • Name of the inventor (applicant),
  • Address(s) and nationality of the inventors,
  • Two sets of specification and one set of drawing on tracing paper (transparent),
  • One set Legalized Deed of Assignment (if any),
  • Power of Attorney [Form – 31],
  • Certified copy of the foreign patent (in case of claiming priority)
ADVERTISEMENT UPON APPLICANT ACCEPTANCE

If an application is accepted, the Registrar will notify the applicant, publicize the acceptance, and make the application and any accompanying drawings available for public viewing.

OPPOSITION

Anybody may file a notice of opposition to the patent grant at the DPDT at any point during the four months following the date of the advertising announcing the acceptance of an application. The opposing party must articulate his points of contention.

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:

The procedure for filing a patent application in the Department of Patents, Designs, and Trademarks, Ministry of Industries, Bangladesh, typically involves the following steps:

  • Preparation of Patent Application: Draft a patent application containing a complete specification or provisional specification, as required. Ensure that the application describes the invention adequately, including its nature, functionality, and method of operation.
  • Submission of Application: Submit the patent application along with the requisite fees to the Department of Patents, Designs, and Trademarks. Include all necessary documents, such as the application form, specification, drawings (if applicable), and proof of payment.
  • Examination and Processing: The department will examine the patent application to ensure compliance with formal requirements and assess the patentability of the invention. This may involve reviewing the novelty, inventive step, and industrial applicability of the invention.
  • Publication of Application: Upon successful examination, the patent application is published in the Official Gazette to notify the public of the pending patent.
  • Opposition Period: A period may be provided for interested parties to file oppositions against the patent application, challenging its validity or claiming prior rights.
  • Grant of Patent: If no oppositions are filed or if they are resolved in favor of the applicant, the department will grant the patent. A patent certificate will be issued, providing exclusive rights to the inventor for the specified period.
  • Maintenance of Patent: Pay the maintenance fees as required to keep the patent in force throughout its term. Failure to pay these fees may result in the patent’s lapse.
  • Enforcement and Protection: The patent holder can enforce their rights against infringers through legal proceedings, seeking remedies for unauthorized use of the patented invention.

By following this procedure, inventors can secure patent protection for their inventions in Bangladesh, fostering innovation and protecting intellectual property rights.