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The Mechanics of Patent Prosecution in Bangladesh

Rakibul IslamRakibul Islam
•September 17, 2024•5 min read
The Mechanics of Patent Prosecution in Bangladesh

A patent serves as the legal instrument conferring exclusive proprietary rights upon an individual or corporate entity regarding a novel invention. What are the procedural requisites and regulatory frameworks governing the patent application process within the Bangladeshi jurisdiction?

A patent represents an exclusive legal franchise granted over a novel discovery, conferring upon the inventor the sole authority to utilize, commercialize, or license their creation. This article delineates the procedural framework for patent procurement within the jurisdiction of Bangladesh. The Bangladesh Patents Act, 2023 serves as the primary legislative instrument governing the nation's patent system. It codifies the definition of a patent, eligibility criteria, applicant standing, and the temporal scope of protection, while detailing the administrative mechanics of the application process. Under this statute, the system is administered by the Department of Patents, Designs and Trademarks (DPDT), which assumes the responsibility of vetting all submissions.

The Utility of Patents

While patent protection typically spans twenty years—subject to variations dictated by national law—the strategic advantages afforded to inventors are profound. Key benefits include:
  • Legal Shielding: The primary merit of a patent is its robust legal protection. Once granted, the patentee holds the mandate to initiate litigation against unauthorized utilization of their invention, thereby mitigating risks of intellectual property theft or illicit replication.
  • Monetization Opportunities: Patents function as liquid assets. Through licensing agreements, inventors may extract economic value from their work, generating sustained income via royalties without necessarily sacrificing ownership.
  • Market Monopoly: Patents grant an absolute, temporary monopoly. By shielding the inventor from competitive encroachment for the duration of the term, the patent ensures a dominant market position.
  • Incentivizing Innovation: By securing the economic and legal interests of the inventor, the patent system fosters a robust culture of research and development.
  • Reputational Equity: A secured patent enhances the professional standing of an inventor, often acting as a catalyst for partnerships with established corporations, research institutions, and venture capital entities.
What is the process for patent application in Bangladesh?, patent, man holding incandescent bulb

The Patent Application Process

The Bangladesh Patents Act, 2023 has streamlined and modernized the application landscape to better serve the interests of the local innovation ecosystem. The process is bifurcated into distinct procedural stages, outlined below:

1. Determining Patentability

The initial requisite is a verification of the invention's patentability. Under the current law, an innovation must satisfy three criteria:
  • Novelty: The invention must not have been previously disclosed or utilized in the public domain.
  • Inventive Step: It must represent a non-obvious advancement over existing state-of-the-art technologies.
  • Industrial Applicability: The invention must be capable of being manufactured or utilized within an industrial or economic context.

What is Intellectual Property and Why is it Important?

2. Preparing the Application

Formal applications must be submitted to the Department of Patents, Designs and Trademarks (DPDT). The submission must contain a comprehensive description of the invention, its methodology, its distinctiveness, and its practical application. This process has been significantly simplified through the implementation of an online portal.

Online Application Process:

  • Register on the official DPDT website.
  • Submit the application form alongside the prescribed fees.
  • Ensure all details are accurately rendered and upload necessary digitized supporting documentation.

Manual Application Process:

  • Applicants may also submit hard-copy filings directly to the DPDT office.
  • Details regarding manual filing fees and requirements are available upon inquiry at the DPDT headquarters.
Required documentation includes:
  • A detailed specification of the invention (methodology, features, and operational principles).
  • Formal claims, which delineate the exact scope of protection being sought.
  • Full credentials and contact information of the inventor.
  • Technical drawings, sketches, or diagrams.
  • Proof of fee payment.
  • Power of Attorney, where applicable.

What are Legal Rights? Its Essentials and Classification

3. Verification and Substantive Examination

Upon receipt, the DPDT conducts a preliminary administrative audit to ensure completeness. Subsequently, officials perform a "substantive examination" to assess the validity of the invention against existing literature and patent databases.

Stages of Examination:

  • Prior Art Search: A comparative analysis against existing patents to ensure novelty.
  • Assessment of Inventive Step: Determining whether the invention constitutes a genuine advancement rather than a routine modification.
  • Applicability: Confirming the practical utility of the invention within industry or commerce.
If the submission is found to be deficient, the applicant will be granted an opportunity to rectify the errors.

4. Publication and Opposition

Upon a successful examination, the DPDT issues a preliminary grant, and the invention is gazetted in official publications. This triggers a six-month window during which third parties may formally oppose the patent. If an opposition is lodged, the matter is resolved through a quasi-judicial hearing process.

5. Granting of the Patent

In the absence of successful opposition, the patent is granted. The patentee is then vested with exclusive rights for twenty years, encompassing the sole authority to produce, market, and distribute the invention.

6. Renewal

Patent rights are contingent upon the timely payment of renewal fees. Failure to adhere to these periodic payments may result in the forfeiture of the patent. Under the Bangladesh Patents Act, 2023, the patentee holds the exclusive right to commercialize their creation or authorize third parties to do so through licensing agreements. Furthermore, the act empowers the patentee to seek judicial remedies against infringement—including injunctions and financial reparations—should unauthorized parties exploit the protected invention.

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Rakibul Islam

Rakibul Islam

Author & Contributor, MaroonPaper

Contributing insightful research and analytical essays on law, politics, history, and international affairs for MaroonPaper.

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