PATENTS

A patent for an invention is the grant of a property right to the inventor. Patents are granted for new, useful and non-obvious inventions. Patents are used to protect the way things work. A patent is a right granted for an invention that is new and useful. A registered patent provides the owner of the invention with the exclusive right to exploit it commercially for the life of the patent.

Patent Administration in Bangladesh:

An application for a patent may be made by any Bangladeshi or any foreigner or jointly with any other person. The application must be made to the Department of Patents, Designs and Trade Marks (DPDT) in the prescribed form. The application must contain a declaration that the applicant is in possession of an invention, where of he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification.

A patent provides protection for the invention to the owner of the patent. The protection is granted for a limited period, generally 16 years. Patent protection means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party.

Why are Patents Necessary:

Patents provide incentives to individuals by offering them recognition for their creativity and material reward for their marketable inventions. These incentives encourage innovation, which assures that the quality of human life is continuously enhanced. Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro) and microprocessors (patents held by Intel, for example).

Specification:

The application that you will file, regardless of whether it is filed as a provisional patent application, a nonprovisional patent application or an international patent application, must fully and clearly describe your invention in the manner. The requirement for an adequate disclosure of the invention in the specification ensures that the public receives something in return for the exclusionary rights that will be granted to the inventor in a patent. In case of claiming priority based on any application filed in any PCT countries the applicant must supply the information of PCT application at the time of filing the national application and submit certified copy of the specification of the foreign patent application within 90 days’ time from the date of filing application in Bangladesh.

Filing Requirement:

To file a Patent Application, we need the followings:

(a) Name of the inventor (applicant),
(b) Address(s) and nationality of the inventors,
(c) Two sets of specification, two sets of sequence listing, if any and one set of drawing on tracing paper (transparent),
(d) Legalized Deed of Assignment (if any),
(e) Power of Attorney [Form – 31], you can download the authorization from this web by clicking download forms.
(f) Certified copy of the foreign patent (in case of claiming priority)

The first step in securing a patent is the filing of a patent application. The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. The application also contains various "claims", that is, information which determines the extent of protection granted by the patent. However, fancy words/description and unnecessary wordings in the specification are to be avoided.

Advertisement on acceptance of application:

Required Documents:

On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection.

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 Registrar 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 of application or the date of priority application. Renewal is required for fifth year before expiry of fourth year up to the 15 years. Grace period is 90 days with late fees. In case of priority, the commencement of four years shall start from the date of priority application.

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