REQUIRED DOCUMENTS FOR FILING OF PATENT APPLICATION:
- (a) The Name, Address and Nationality of the applicant(s) and also the inventor(s).
- (b) 3(Three) copies/sets of complete specification in English language.
- (c) 3(Three) copies/sets of drawing (if any) and one copy/set of which should be printed on tracing paper or cloth as formal Drawings.
- (d) A duly executed Power of Attorney (POA) form. POA could be downloaded from our website.
- (e) In case of conventional application, certified copy of the conventional Patent application should be required.
PROCEDURE OF REGISTRATION OF PATENT :
- An application for a Patent may be made by any person whether he is a citizen of Bangladesh or not, and whether alone or jointly with any other person and the application must be made in the prescribed form and left at the Patent office in the prescribed manner. The application must contain a declaration to the effect that the application is in possession of an invention, whereof he or in the case of 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 either a provisional or complete specification and by the prescribed fee. A specification whether provisional or complete must commence with the title, and in the case of a complete specification must be end with a distinct statement, of the invention claimed where the Registrar deems fit desirable he may require that suitable drawing shall be supplied at any time before the acceptance of the application and such drawing shall be deemed to form part of the complete specification.
- The Registrar may where the application was accompanied by a specification purporting to be a complete specification, if the applicant so requests, treat the specification as a provisional specification and proceed with the application accordingly. The time for leaving a complete specification within 9 (nine) months from the date of the application. Provided that the said 9 (nine) months shall be extended to such period not exceeding 10 (ten) months form the date of the application as may be specified in a request made by the applicant to the Registrar, if the request is made and the prescribed fee is paid within the period so specified and if the complete specification is not left within the period allowable subsection-1 of section 4(A) of the Patent and Design Act, 1911 the application shall be deemed to be abandoned at the expiration of 10 months from the date thereof.
- Under the provision of section 4(B) of the Patent and Design Act, 1911 an invention may during the period between the date of an application for a Patent therefore and the date of sealing a Patent on that application, be used and published without prejudice to that Patent, and such protection from the consequences of use and publication in this Act referred to as provisional of protection.
- In this section, the expiration "date of an application for a Patent" means as respect an application which is post-dated or ante-dated under this Act, the date to which the application is so post-dated or ante-dated, and means as respects any other application, the date on which it is actually made.
- The time limit for acceptance for Patent is 18 months and if the Patent is not accepted within the normal period of which is as specified and further on payment of the prescribed fee the time would be extended more 3 (three) months from the expiration of the said period of 18 months.
- On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertised the acceptance- and the application and specification with the drawings ( if any ) shall be opened to public inspection.
- After that acceptance of an application and until the date of selling a Patent in respect thereof or the expiration of the time for sealing, the applicant shall have the like privileges and right as if a Patent for the invention had been sealed on the date of the acceptance of the application, but during this period the applicant shall not be entitled to institute any proceedings for infringement until the Patent has been sealed.
- Any person may on payment of the prescribed fee at any time within four months form the date of the advertisement of the acceptance of an application give notice to the Patent office of opposition against the grant of the Patent by mentioning the grounds of opposition and on receipt of the opposition the Registrar shall give notice of opposition to the applicant and shall on the expiration of those 4 (four) months after hearing the application and the opponent if desires of being heard decide on the case. The decision of the Registrar shall be subject to appeal to the Government under the provision of section 9 of the said act.
- If there is no opposition, or in case of opposition, if the determination is in favour of the grant of a Patent, a Patent shall, on payment of the prescribed fees the same will be granted, subject to such conditions (if any) as the Government thinks expedient, to the applicant, or in the case of joint application to the applicant jointly, and the Registrar shall cause the Patent to be sealed with the seal of the Patent office.
- A patentee may institute a suit in a District Court having jurisdiction to try the suit against any person who during the continuance of a Patent acquired by him under this Act in respect of an invention, makes, sells or uses the invention without his license or counterfeits or imitates. Provided that where a counter claim for revocation of the Patent is made by the defendant, the suit along with the counter claim shall be transferred to the High Court Division for decision under the provision of section 29 of the said Act.
- Under the provision of Patent and Design Act, 1911- that the applicant for registration of Patent who desire to avail himself of the priority of an earlier application filed in a convention country shall within 12 months of the such earlier application, append to his application a written declaration indicating the date and number of the earlier application, the name of the applicant and the country in which he or his predecessor entitled filed such application and shall within a period of 3 (three) months form the date of the later application filed in Bangladesh, furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such application was filed earlier.
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