Application Process For Granting Patent

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According to Bangladesh Patent Act, 2022, Chapter 3 deals with Patent applications filed and granted.

Section- 6 (1-7) and 8 deal with the application process

Sec-6: Patent application:-

(1) A person claiming an invention, either singly or jointly or by legal representative, may apply to the Registrar for a patent in the form and manner prescribed by law, with a complete specification or a provisional specification , subject to the following conditions, on payment of the prescribed fee, namely :-

(a) The full license shall be submitted by the applicant within 12 (two) months of the filing of the provisional license;

(b) The provisional patent shall contain the usual features of the invention and shall be consistent with the later filed full patent.

(2) The form submitted under sub-section (1) shall contain the following particulars, namely :-

(a) full particulars of name and identity of applicant and inventor;

(b) the title of the invention;

(c) a clear and self-explanatory description of the patent sought;

(d) the description of the invention in certain parts of the application;

(e) one or more claims specifying the features of the invention;

(f) summary of the invention;

(g) Priority claim number and date, if any.

(3) If it appears to the Registrar at the time of receiving the application that the conditions mentioned in sub-section (2) are not fulfilled, he shall direct the applicant to make the necessary corrections within a specified period and if the necessary corrections are not made within the said period The application shall be deemed abandoned.

(4) The following documents shall be attached with the patent application, namely:-

(a) if the applicant submits the application through a representative, a copy of the power of attorney granted under the Power of Attorney Act, 2012 (Act No. 35 of 2012) in favor of the said representative;

(b) if the patent applicant is not the inventor himself, a certificate or assignment explaining the justification of his rights;

(c) in the case of priority claims , certified copy under sub-section (4) of section 11 of this Act.

(5) If the invention can be used or implemented on the basis of the information provided without excessive experimentation by a person skilled in the art, the claimed invention shall be deemed to have been disclosed as clear and complete.

(6 ) Drawings should be provided as necessary to clearly disclose the invention.

(7) Matters of Protection of Inventions:-

(a) The claim form shall state,

(b) shall be clear and concise and shall be fully supported by description,

(c) Descriptions and drawings of the invention shall be used in explanation.

Sec-8: Other terms of patent application:-

(1) An applicant may withdraw his application at any time before it is granted.

(2) Where-

(a) any application withdrawn without being opened for inspection,

(b) no priority is claimed,

(c) there is no outstanding right in Bangladesh with the said application,

In that case the same invention can be re-applied in Bangladesh.

(3) For the invention to which the application relates, the application filed in Bangladesh shall be deemed to be the first application and if the application is re-filed, no priority shall be claimed for the application first filed.

Section- 14, 16, 17, and 18 deal with the process after application.

Sec-14: Publication of application:-

(1) After eighteen (18) months have elapsed from the filing of the application, the Registrar shall open the patent application for public inspection .

(2) The subject matter of the patent application under sub-section (1) shall be notified to the public by publication on the website or by publication in the usual manner of the following matters, namely:-

(a) title of invention;

(b) the name of the patent applicant and the inventor;

(c) date and number of submission of application;

(d) priority number and date, if any;

(e) classification of patents;

(f) such drawings illustrating the main elements of the invention, if any;

(g) Summary of Contents.

(3) Fees relating to the publication of patent applications shall be determined by the Rules.

(4) Any person may, on payment of such fee as may be prescribed by rule, receive for public inspection copies of the full description of the published application patent.

(5) The Registrar shall not permit any third party to inspect the application or provide any information thereof unless it is published on the website or in the notification referred to in sub-section (2).

(6) The applicant may, upon payment of the fee prescribed by rule, request the Registrar at any time before the expiration of the 18 (eighteen) month period to open the patent application for public inspection.

Sec-16: Opposition to the application:-

(1) Within 90 (ninety) days from the date of publication on the website or in the notice referred to in sub-section (2) of section 14 and sub-section (2) of section 18 of this Act, any interested party shall file objections to the patent application with the Registrar. You can submit.

(2) The objection letter shall identify the objected patent application and shall submit sufficient information and evidence in support of the objection stating the reasons for the objection.

(3) The party opposing the patent may mention in the complaint the failure to comply with the conditions necessary for obtaining the patent in accordance with the provisions of Sections 3, 4, 5 and 6 of this Act.

(4) The Registrar shall publish the notice of objection on the website and, if necessary, by notification.

(5) The applicant may file a statement rebutting the complaint within the specified period.

(6) The Registrar may, if necessary, hear the applicant and the opposite party and both the parties may present oral and documentary evidence including arguments or counter-arguments.

Sec-17: Patent application examination:-

(1) Within 36 (thirty-six) months from the date of filing the patent application, the applicant may request the Registrar to examine his patent application by paying the prescribed fee.

(2) If the request is not filed within the period prescribed under sub-section (1), the application shall be deemed to be abandoned.

(3) The period mentioned in sub-section (1) may be extended by 3 (three) months, if necessary, but before the expiry of the said period, a request for extension of the period with prescribed fee shall be submitted to the Registrar.

(4) The Registrar shall undertake the examination of patent applications in accordance with the rules.

Sec-18: Grants, Rejections and Modifications of Patents:-

(1) If it appears to the registrar that the conditions for granting a patent for an invention have been met, he shall grant a patent for the invention and if the said conditions are not met, he shall reject the application and shall inform the applicant in writing of the decision taken in both cases within 30 (thirty) days.

(2) The Registrar shall take the following steps in granting the patent , namely:-

(a) publication of the grant of patent on the website or by notification in the usual manner;

(b) Issuance of Patent Grant Certificates (Letters of Patent) to the patent applicant subject to payment of sealing fee if there is no objection from the third party within 90 (ninety) days of publication on the website or in the notification in the conventional manner;

(c) registration of the patent application in the register referred to in section 33;

(d) make copies of the patent readily available to the public and arrange for the supply of copies of the patent to any applicant on payment of a fee.

(3) The Registrar may, at the request of the patent proprietor, alter the text and design of the patent for the purpose of regulating the scope of protection conferred by the patent, but in no case shall such alteration exceed the patent benefits claimed in the first application.

Prepared By- Md. Asraful Alam

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