Patents Laws in Bhutan
Bhutan's patent laws are governed by the Industrial Property Act of the Kingdom of Bhutan, 2001. This legislation outlines the framework for the protection of patents, industrial designs, trademarks, and other forms of industrial property.
Key Features of Bhutan's Patent Law
1. Patentability Criteria
An invention is patentable in Bhutan if it is new, involves an inventive step, and is industrially applicable. However, certain inventions are excluded from patentability, including:
Discoveries, scientific theories, and mathematical methods
Schemes, rules, or methods for doing business, performing purely mental acts, or playing games
Methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods
Inventions that are contrary to public order or morality
2. Patent Application Process
The process for obtaining a patent in Bhutan involves several steps:
Filing: Submit an application containing a request, description, claims, abstract, and any necessary drawings.
Formal Examination: The Registrar examines the application for compliance with formal requirements.
Substantive Examination: A detailed examination to assess the patentability of the invention.
Grant and Publication: If the application meets all requirements, the patent is granted and published.
3. Duration and Maintenance
A patent in Bhutan is valid for 20 years from the filing date, subject to the payment of annual maintenance fees. Failure to pay these fees can result in the lapse of the patent.
4. Rights Conferred
The patent holder has the exclusive right to prevent others from exploiting the patented invention without consent. This includes making, using, selling, or importing the invention.
5. International Considerations
Bhutan is a member of the World Intellectual Property Organization (WIPO) and has been a Contracting Party to the Paris Convention for the Protection of Industrial Property since August 4, 2000. However, Bhutan is not a member of the Patent Cooperation Treaty (PCT), so international patent applications cannot be filed through the PCT route in Bhutan.
6. Legal Framework and Resources
For more detailed information, the full text of the Industrial Property Act of the Kingdom of Bhutan, 2001 is available through WIPO's database.
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