Patents Laws in Bangladesh
Patent Laws in Bangladesh
1. Legal Framework
The patent system in Bangladesh is governed primarily by the Bangladesh Patent and Design Act, 1911 and the Patent and Design Rules, 1933 (with amendments).
Bangladesh is in the process of modernizing its patent laws to comply with international standards such as the TRIPS Agreement under the WTO, which Bangladesh joined in 1995.
2. Patentability Criteria
Patentable Subject Matter: Inventions that are new, involve an inventive step, and are industrially applicable.
Exclusions: Scientific theories, mathematical methods, aesthetic creations, schemes/rules for performing mental acts, and discoveries of natural substances are not patentable.
Novelty: The invention must not have been disclosed publicly anywhere in the world before the filing date.
Inventive Step: The invention should not be obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in an industry.
3. Patent Application Process
Patent applications are filed with the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industry.
Applications must include:
A specification describing the invention clearly and completely.
Claims defining the scope of protection sought.
Bangladesh currently operates a “first-to-file” system.
Examination is primarily formal; substantive examination is limited or absent, which may affect patent quality.
4. Patent Term and Rights
Duration: The patent term is 20 years from the filing date.
Rights Conferred: The patent owner has exclusive rights to prevent others from making, using, selling, or importing the patented invention without permission.
Patent rights can be licensed or assigned.
5. Enforcement and Remedies
Patent infringement cases are tried in civil courts.
Remedies include injunctions, damages, and account of profits.
Customs authorities can assist in preventing the import of counterfeit patented products.
Enforcement is still developing and faces challenges such as lack of expertise and resources.
6. International Treaties
Bangladesh is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
Bangladesh is not a member of the Patent Cooperation Treaty (PCT), so international patent filings require national phase entry in Bangladesh.
Bangladesh is a member of the Paris Convention for the Protection of Industrial Property, allowing priority claims based on earlier applications in member countries.
7. Challenges
Patent examination lacks full substantive examination, affecting patent quality.
Limited awareness and infrastructure for intellectual property protection.
Enforcement mechanisms need strengthening to combat infringement effectively.
Modernization of patent laws is underway but still incomplete.
Summary
Bangladesh’s patent system is governed by colonial-era laws with ongoing reforms aimed at compliance with international standards. It grants 20-year patent protection for inventions that are new, inventive, and industrially applicable. Enforcement remains a challenge, and substantive examination is limited, impacting patent reliability. Bangladesh is a member of key international treaties like TRIPS and Paris Convention but not the PCT.
RELATED Blog
0 comments