How to File a Patent Application in Bangladesh Under The New Bangladesh Patent Act 2022
Innovation is the driving force behind progress and economic growth, and protecting innovative ideas through patents is essential for fostering a culture of creativity and entrepreneurship. For businesses and individuals in Bangladesh seeking to secure their intellectual property, the enactment of the Bangladesh Patent Act 2022 has ushered in a new era of patent protection. This comprehensive guide will walk you through the step-by-step process of filing a patent application in Bangladesh under the new patent law to safeguard your valuable innovations.
Understanding the Bangladesh Patent Act 2022
On April 11, 2022, Bangladesh took a significant stride in modernizing its patent system by replacing the age-old Patents and Designs Act 1911 with the new Bangladesh Patent Act 2022. This legislative update redefined the concept of a «patent» as an unrestricted granted right to protect an innovation, giving the patent owner the lawful authority to prevent others from using the innovation for personal gain. The new law extends 20 years of protection to granted patent applications, incentivizing innovators to invest in research and development, thus contributing to Bangladesh's progress toward becoming an innovation-led economy.
Step-by-Step Guide to Filing a Patent Application
Step 1: Submission of Application and Innovator Details
The first step in the patent application process involves the claimant of the innovation submitting the prescribed form for a patent application under the Bangladesh Patent Act 2022 to the Registrar of the Department of Patent, Designs, and Trademarks. Along with the form, the innovator needs to attach a complete specification of the innovation, and there is also an option to attach a provisional specification.
The form should include the following information:
In some cases, the Registrar may order foreign patent applicants to submit additional documents, such as the result of a foreign application, patent granting certificate, or revocation order of the granted patent.
Step 2: Registrar's Assessment and Publication
Upon submission of the patent application, the Registrar will assess the form to ensure that all the requirements have been fulfilled. If any necessary amendments are required, the Registrar may prescribe a fixed time for making them. Please complete the prescribed amendments within the timeframe to ensure the application is accepted.
Assuming all requirements have been met, the Registrar will evaluate whether specialized knowledge is needed to apply the innovation without further experimentation. If no specialized knowledge is necessary, the claimed invention will be considered to have been published with clarity, precision, and comprehensiveness.
Step 3 (Optional): Adjusting the Innovation for Local Use
Under the Bangladesh Patent Act 2022, the Registrar may order foreign patent applicants to adjust their innovations to befit the needs of Bangladeshi citizens to promote the use of such innovations in the country.
Benefits of the Bangladesh Patent Act 2022
The enactment of the Bangladesh Patent Act 2022 signifies Bangladesh's commitment to complying with the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) by the World Trade Organization (WTO). The new law offers clarity and resolves uncertainties for foreign investors with patents as their principal capital, encouraging international investment in Bangladesh's innovative sectors.
The Bangladesh Patent Act 2022 presents a robust framework for securing intellectual property rights and fostering innovation in the country. Following the step-by-step guide in this article, innovators and businesses can successfully file patent applications and protect their ground-breaking ideas. Embracing the new patent law will provide legal safeguards for intellectual property and contribute to the growth of an innovation-driven economy in Bangladesh.Identification details of the applicant and innovator
• Title of the innovation
• A clear and comprehensive description of the patent applied for
• Detailed description of the innovation
• Claims regarding the innovation
• A summary of the innovation in not more than 300 words
• Details of the application number and date for any pre-emption right claimed, if applicable.