assignment on patent in bangladesh

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Article Contents

1. introduction.

• 2. A brief history of patent law in Bangladesh
• 3. Salient features of BPA 2022 and their compatibility with TRIPS
• 4. Problems and the way forward
• 5. Conclusion
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Revisiting the patent regime of Bangladesh: compatibility with TRIPS and international best practices

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Mohammad Towhidul Islam, Sadman Rizwan Apurbo, Revisiting the patent regime of Bangladesh: compatibility with TRIPS and international best practices, Journal of Intellectual Property Law & Practice , Volume 18, Issue 7, July 2023, Pages 512–527, https://doi.org/10.1093/jiplp/jpad051

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As a least developed country (LDC), Bangladesh, despite being a member of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1 has been enjoying concessions in two areas: (i) a general transition period 2 till 2034 to comply with TRIPS obligations, except for national treatment (NT), most favoured nation and right of priority (articles 3, 4, 5 TRIPS), and (ii) a specific waiver regarding the patenting of pharmaceuticals till 2033. 3

However, Bangladesh is expected to graduate from the LDC status by the end of 2026. In 2021, the triennial review of the United Nations Committee for Development Policy found that Bangladesh had fulfilled the criteria for graduation for the second time. 4 However, due to the economic and social crisis caused by the COVID-19 pandemic, a 5-year preparatory phase was recommended by the United Nations Economic and Social Council for a smooth transition, 5 thus extending the expected graduation date to 2026.

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How to a Patent registration in Bangladesh

Patent in Bangladesh

An application for a patent may be made by any Bangladeshi or any foreigner, and by alone 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, whereof 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.

SPECIFICATIONS

An application must contain a complete specification or provisional specification. A provisional specification must describe the nature of the invention. A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement, of the invention claimed. If the applicant does not leave a complete specification with his application, s/he may leave it at any subsequent time within nine months from the date of the application

The Registrar may require that suitable drawings/model or sample of anything illustrating the invention shall be supplied and such drawings/model or sample shall be part of the complete specification.

FILING REQUIREMENT

To file a Patent Application following information are required:

(a) Name of the inventor (applicant),

(b) Address(s) and nationality of the inventors,

(c) Two sets of specification and one set of drawing on tracing paper (transparent),

(d) One set Legalized Deed of Assignment (if any),

(e) Power of Attorney [Form – 31],

(f) Certified copy of the foreign patent (in case of claiming priority)

ADVERTISEMENT ON ACCEPTANCE OF APPLICATION

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.

Any person at any time within four months from the date of the advertisement of the acceptance of an application give notice at the DPDT of opposition to the grant of the patent. The opponent must state the grounds of his opposition.

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 Controller 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 and renewal is required after four years up to 15 years. In case of priority, the commencement of four years shall start from the date of priority application.

REMEDY FOR INFRINGEMENT

A patentee may institute a suit in a District Court having jurisdiction to try the suit against any person who makes, sells or uses the invention without his license, or counterfeits it, or imitates it. A successful plaintiff is entitled to the relief in the form of injection, damages or an account of profit.

Procedure for filing a patent application in the Department of Patents, Designs and Trademarks, Ministry of Industries, Bangladesh:

• Anybody whether Bangladeshi or not and whether alone or jointly can file an application for Patent in the Department of Patents, Designs and Trademarks, Ministry of Industries, 91, Motijheel C/A, Dhaka-1000.
• In case of foreigners’ application should be made through Bangladeshi local law Firm.
• To file a Patent application the following documents and information should be furnished:
• A forwarding letter addressed to the Registrar of the Department of Patents, Designs and Trademarks.
• Duly filed in prescribed form (Form-1 or 1A / 2 or 2A as the case may be)

III. Bank draft or duly filled in challah form of Tk. 2,000/- (Two thousands) only in case of ordinary application having specification of 25 pages and 10 claims. More than 25 pages and 10 claims each page and each claim will be charged at Tk. 100/- (One hundred) only;

• In case of priority application. Application fee is Tk.10, 000/-(Ten thousands) only for 25 pages of specification and 10 claims. More than 25 pages and 10 claims each page and each claim will be charged at Tk. 100/- (One hundred) only.
• One set of drawing sheets (if any) in tracing paper with duplicate in photocopy.
• Complete specification two sets (in Form3A).
• The complete specification should include the followings:
• Title of the invention, the nature of the invention and the manner in which it is to be performed.
• Whether the invention is a product/device/product or process or the both.

III. Filed of the invention.

• Prior art of the invention.
• Objective of the invention.
• Brief description of the drawings (if any).

VII. Detailed description of the invention with reference to the accompanied drawings (if any).

VIII. Novelty of the invention.

• Inventive steps of the invention.
• Industrial applicability of the invention.
• Claims (showing novelty).

XII. Abstract.

XIII. Computer printed specification with font size 11-13 in A4 size offset paper.

• Drawings (if any) should be according to rule 15 to 18 of the P&D Rules, 1933 and include:
• A4 size tracing paper according to the provisions of the Patents& Designs Rules 1933 along with a duplicate in photo copy.
• Name and number of the drawings should be referred to the description of the complete specification.

III. Margin in each side.

• Applicants name and application number should be mentioned in the left top corner of the drawing sheets.
• Sheet number and the consecutive number of sheets should be mentioned in the right top corner of each drawing sheets.
• Each sheet of the drawings should be signed in the right bottom of each sheet by the applicant or the agent of the applicant.
• In case of priority application, the priority documents should be submitted along with the application or within 12 months from the date of first filing as provided by the Paris Convention.
• The normal deadline for acceptance of a Patent application is 18 months with 3 months extension from the date of filing.
• In case of foreign application power of Attorney (in favor of the applicant) is to be submitted along with the application.
• All types of Form and Fee Schedule are available in the DPDT’ website: www.dpdt.gov.bd.
• Information relating to Attorney/agent is also available in the website.

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Patent in Bangladesh

An application for the registration of a patent in Bangladesh can be filed, in a prescribed form, by anyone along or jointly with other(s). It can be filed by a Bangladeshi national and foreigner alike. The applicant(s) must declare that at least one of them is in possession of the invention and is the true and first inventor or the legal representative or the assign of the inventor. The application for registration of a patent in Bangladesh must include a set of complete specifications.

• Patent Registration in Bangladesh

The Department of Patents, Design, and Trademark (DPDT) is the competent authority for registration. DPDT gives protection for a term of 16 (sixteen upon payment of the required fees. A patent application in Bangladesh is made in a prescribed form. Upon payment of the required payment term of the patent protection may be renewed.

A patentee shall have the exclusive privilege of making, selling, and using the invention all over Bangladesh. The patentee can also authorise or transfer all or any of his rights to other(s).

• Provisional Application

The provisional specification may be filed for registration of a patent in Bangladesh, usually, containing only a brief description of the invention on condition that a complete specification to be in 6 months from the date of filing of the provisional application. A provisional application need not contain the claims.

The complete specification must describe and ascertain in detail the nature of the invention and the manner how it will work or perform.

• Filing requirements of a patent application in Bangladesh: Checklist

1. Forwarding letter 2. Prescribed form 3. Payment document 4. Complete Specification 5. Drawing sheets, if any 6. Endorsement/Assignment, when applicable 7. Power of authority 8. Priority document, when applicable

Details about the Application Formalities.

1. Forwarding Letter: Addressed to the Registrar of the Department of Patents, Designs, and Trademarks (DPDT). 2. Application: A prescribed from with

a. Name b. Complete address and c. nationality

Both of the applicant(s) and inventor(s)

1. Document(s) confirming the payment of the prescribed government/official fee with the required VAT. 2. Specifications (Form 3A): Two sets of complete specifications in English.

Comprising of the

1. Description 2. Claims and 3. Abstract and formal drawings, if any.

1. One set of drawing sheets (if any) in tracing paper with duplicate in photocopy. 2. Assignment: The inventor(s) must endorse an application when the applicant is not the inventor(s) or the sole inventor. 3. The original Power of Authority by Applicant must be filed within 1 month of the filing of Patent Application in Bangladesh. 4. Priority: The priority documents should be submitted along with the application or within 12 months from the date of the first filing as provided by the Paris Convention.

Priority Details:

Must clearly show:

1. Patent Application number 2. Date when the application was filed and 3. The country of origin where priority is claimed.

Rules 11(4): Certified Copy

Certified copy of the priority document must be filed within 3 months from the date of filing the Patent Application in Bangladesh.

* All documents must be in English * If any document is in any language other than English the original document and English transcript must be verified/ notarised.

Stages and Steps to be taken

Stage 1: Filing of the patent application following the prescribe requirements

Stage 2: Examination of the application

Stage 3: Publication and Opposition, if any filed

Stage 4: Issuance of Letters Patent

• Inventions that can be protected in Bangladesh

In general an invention, to be protected by a patent, must fulfill the following conditions:

1. It must be of practical use; 2. it must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called “ prior art“. 3. The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field. 4. Finally, its subject matter must be accepted as “patentable“ under law.

Even though Bangladesh is not a signatory to the PCT an application claiming priority can be filed provided that certified copy of the PCT application is filed with 90 days of filing the application in Bangladesh. It must include Patent Application No. date of filing in the PCT Country and country of origin.

1. Certified copy of the patent application in the PCT Country within 90 days of filing in Bangladesh. 2. The document must be verified/notarised 3. An English transcript of the original document(s) must also accompany when it is in any language other than Bangla or English. All documents must be verified or notarize

Term of patent protection

The Patent of invention lasts for 16 years in Bangladesh.

Annuity for renewal

The term-limited in every patent for the duration thereof is 16 years from the date of the application.

Renewal is required for the fifth year to be filed before the expiry of the fourth year up to 15 years. A grace period is 90 days is allowed with late fees.

Annuity fees may be paid yearly or for several years in advance.

The examination process in Bangladesh may take approximately 18 months, from the date of an application.

It may take a minimum of 12 months from the date of acceptance after the examination.

In Bangladesh, it takes around 4 years approximately for a Patent to be granted.

Anytime within 4 months from the date of advertisement of the acceptance of complete specification an opposition against a Patent application in Bangladesh can be raised at the pre-grant stage.

Anyone can raise opposition against a Patent application in Bangladesh against the grant of Patent on very limited grounds.

The Patent and Design Rules, 1933 (as amended up to 15th June 1946) deals with the mechanism of Patent protection in Bangladesh.

Utility Model Protection isn’t available under Patent Law in Bangladesh.

Any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability can be patented in Bangladesh.

• Patent of Addition

Section 15A of the Patents & design Act 1911

An applicant for this purpose can be file merely to improve or modify a pending application. It is granted with the main patent and no separate renewal is required. However, if the main patent is revoked for some reason it can be converted into an independent patent, and renewal fees must be paid accordingly.

• Details about the application formalities.
• Term of Patent Protection

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Business laws and regulations of Bangladesh

Patent in Bangladesh

An application for a patent may be made by any Bangladeshi or any foreigner, and by alone 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, whereof 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.

Specifications

An application must contain a complete specification or provisional specification. A provisional specification must describe the nature of the invention. A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement, of the invention claimed. If the applicant does not leave a complete specification with his application, s/he may leave it at any subsequent time within nine months from the date of the application

The Registrar may require that suitable drawings/model or sample of anything illustrating the invention shall be supplied and such drawings/model or sample shall be part of the complete specification.

Filing Requirement

To file a Patent Application following information are required:

(a) Name of the inventor (applicant),

(b) Address(s) and nationality of the inventors,

(c) Two sets of specification and one set of drawing on tracing paper (transparent),

(d) One set Legalized Deed of Assignment (if any),

(e) Power of Attorney [Form – 31],

(f) Certified copy of the foreign patent (in case of claiming priority)

Advertisement on acceptance of application

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.

Any person at any time within four months from the date of the advertisement of the acceptance of an application give notice at the DPDT of opposition to the grant of the patent. The opponent must state the grounds of his opposition.

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 Controller 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 and renewal is required after four years up to 15 years. In case of priority, the commencement of four years shall start from the date of priority application.

Remedy for infringement

A patentee may institute a suit in a District Court having jurisdiction to try the suit against any person who makes, sells or uses the invention without his license, or counterfeits it, or imitates it. A successful plaintiff is entitled to the relief in the form of injection, damages or an account of profit.

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Intellectual Property Law In Bangladesh

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By FM Associates (A Full Serviced Law Firm in Bangladesh)

The word Intellectual property (IP) denotes the creations of the mind, such as literary and artistic works; inventions; designs; symbols, names and images used in commercial ventures. With the rapid expansion of world economy keeping pace with the globalization, intellectual property law in Bangladesh and the corresponding rights over intellectual property law in Bangladesh have become an absolute asset to the economic, social and technological development of any country. 

IP is protected in law by, for example, patents, copyrights and trademarks, geographical indications, utility model, trade secret which allow people to earn recognition or financial absolute benefit from what they have invented or created. The IP system aims to adopt a creative and innovative environment which can flourish maintaining a right balance between the interests of the innovators and the wider public interest. 

Intellectual Property law in Bangladesh is now an international concern because of the effect of globalization in the commercial environment. Bangladesh took part in the convention founding the World Intellectual Property Organization (WIPO) on May 11, 1985. Bangladesh is a member of the Paris Convention regarding the Protection of Industrial Property in 1991 and of the Berne Convention for the Protection of Literary and Artistic Works in 1999. Besides, our country is a signatory of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization (WTO), which came into action on January 1, 1995. The TRIPS Agreement sets comprehensive, compulsory and common standards for all countries following the dispute settlement system of the WTO. Being a member of Least Developed Countries (LDC), Bangladesh is exercising the extended transition period to bring herself into compliance with their regulations. 

Industrial designs

An industrial design creates the ornamental or aesthetic feature of an object. A design may comprise of three-dimensional structures, such as the shape or exterior of an object, or of two-dimensional features, such as patterns, lines or color. 

Industrial design is suitable for registration if an invention is new, original and unique with its characteristics. The item must not be a combination of known or identical and similar designs to existing products. Likewise, the invention must also be isolated from the public, until the registration is finished. According to the Patents and Designs Act 1911, registration of industrial design inventions is barred if they are connected to purely functional designs, certain colors and do not possess visual appearance. Besides, registered items must be free from aspects that are contrary to public order and ethics, and exploit official symbols or emblems so that the innovations are not excluded from the registration list.

To protect his industrial design article, an author of the design or his employer must file an application form with the Department of Patents, Designs and Trade Marks. Usually, the applicant needs to provide his personal information, a sample of the invention, a copy of the drawings and photo of the concerned invention, if it is required. Furthermore, an application form must reflect a full and complete description of the invention design, which will be totally clear to any skilled professional working in the industrial design area.

After examining the application as per the law, a registration certificate will be issued to the applicant by the registrar which grant the certificate holder with an exclusive right stopping unauthorized firms from illegal actions in relation to copying, making, selling and imitating products which contain the registered design. In addition, holders can also authorize other third parties to use the registered design and bring lawsuits against those firms which exploit the design without owner’s permission.

In Bangladesh, a term of industrial design registration initially is up to five years from the date of registering and it may be renewed for once in every 5 years up to 15 years; however, the renewal fee should be submitted before the ending of the final day.

Intellectual Property (IP) law in Bangladesh is administered by two separate ministries. There are two offices which are empowered for IP matters under the ministries i.e. 1. the Department of Patents, Designs and Trade Marks (DPDT) under the Ministry of Industries (MOI). The DPDT is affiliated to the World Intellectual Property Organization (WIPO); 2. The Copyright Office under the Ministry of Cultural Affairs (MOCA). The Copyright Office receives continuous support from the WTO, WIPO, and UNESCO for enhancing the copyright system.

Trademark | Intellectual Property Law in Bangladesh

A trademark is a sign which can distinguish the products or services of one enterprise from those of other enterprises. In the ancient times, craftsmen used to put their signature or "mark" on their goods.  The Trademark Act 2009 & Trademark Rules 2015 are the key guideline in regards to Trademark. There are several symbols to address the types of a trademark: TM – is used for an unregistered trademark to promote or brand products; SM – is used for an unregistered service mark to promote or brand services; ® – is used for a registered trademark. One can apply for the trademark after searching the availability of the name. The Registrar, upon the receipt of the application, issues Official Filing Receipt containing the application number, date of application, the trademark etc. The registrar inspects the trademark for 2 issues: a) distinctiveness and b) general compliance with the law. Upon the satisfaction of the requirements, the registrar may issue a Letter of Acceptance for the mark to be advertised in the Trade Marks Journal for the purpose of receiving objections in regards to the concerned trademark.  

Any person may give notice of Opposition to the Registrar within two months from the date of the publication on the journal. However, if no objection is received at the expiration of the opposition period or the opposition is determined and resolved in favor of the Applicant, the Registrar is responsible to issue a Certificate of Registration for the trademark on payment of the prescribed fee. A registered trademark in Bangladesh is valid for an initial period of seven (7) years from the date of filing the registration and renewable thereafter for successive periods of Ten (10) years. 

The word ‘Copyright’  is considered as an important sector of law concerning intellectual property law in Bangladesh, which describes the rights that the creators have over their literary and artistic works. Copyright usually covers the works ranging from books, sound recordings, paintings, sculpture, engraving and films, to computer programs, databases, advertisements, maps and technical drawings.

Copyright act 2000 as amended 2005 & Copyright Rules 2010 are the key guidelines in regards to Copyright law in Bangladesh. Bangladesh Copyright Office is a quasi-judicial organization.

It is not mandatory to register the copyright with the Copyright office; however, the registration works as an absolute evidence to be used in a legal proceeding if that particular creation is used by another party without the owners’ permission.  

The owner of copyright may transfer the copyright or grant any interest in the copyright through providing license. The Licenses may also be granted by the Copyright Board of Bangladesh. 

Copyright in relation to literary, dramatic, musical or artistic work published within the life time of the author exists until 60 years from the beginning of the calendar year next following the year in which the author dies. However, the copyright in a cinematographic film, a sound recording, a computer programme, a photograph, or a work of the Government or an international organization exists 60 years beginning from the publication of the work.

The owner of copyright is entitled to certain civil remedies (injunction, damages, accounts) when the copyright is infringed. The Jurisdiction lies with the court of District Judge of the place where the person, bringing the lawsuit, resides or carries on business. Infringing copies may be seized by the police and might be barred from import.  

Usually, the Court of Sessions deals with the Copyright infringement if there is any criminal charge to that effect. 

Geographical indications

Geographical indications and designations of origin are signs used on goods that have a specific geographical origin and possess qualities, a status or characteristics that are principally available to that place of origin. In the most scenario, a geographical indication includes the name of the place of origin of the goods. Geographical Indication Goods (Registration & Protection) Act 2013 & Geographical Indication Goods Rules 2015 are the key guidelines for the Geographical Indication in Bangladesh. As per the Act, Department of Patents, Designs and Trademarks will be the concerned authority for geographical indication.

To register a product, the association or the co-operative for a product will have to apply to register a product. Apparently, no individual can register a geographically indicated product. The term of validation of the concerned registered GI product will remain for five years. The producer would have to apply for re-registering after the expiration of the validity.

Patent & Design

An exclusive right of patent is usually granted for an invention. Usually, a patent allows the patent owner with the right to take the decision as to how - or whether - the invention can be used by others. In exchange for this exclusive right, the patent owner makes technical data available in public about the invention. The law of patent in Bangladesh is guided by the Patents and Designs Act, 1911 and the Patent and Design Rules, 1933. In order to be patentable, an invention should relate to a manner of manufacture which is novel after coming through some inventive steps and it should have a practical existence as a manner of manufacture. Besides, it must not be contrary to law or morality. Then a patentee or an entity fills in the application, containing a description of how to make and use the invention, information about the usefulness of the invention and technical problems solved by the invention. Sometimes, it’s necessary to attach the drawings demonstrating the invention. After that, a patentee has to wait for the “patent pending” period for inspection and only after a patent will be enforced.

Al Amin Rahman is a Barrister-at-Law practicing in the Supreme Court of Bangladesh. He is the Managing Partner of the law firm, FM Associates having its offices at Bangladesh, India and United Kingdom. He can be contacted at [email protected]/ [email protected]

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Patent in Bangladesh

In the age of globalization, protection for intellectual property is considered as one of the vital elements to the future economic growth & development of all Countries. Patent may be the cornerstone for innovation & development, currently in Bangladesh. Companies, organizations or individuals in Bangladesh who are obsessed to secure their intellectual property rights choose “The Lawyers & Jurists” – a law chamber having expertise in intellectual property rights.

“The Lawyers & Jurists” has significant experience in all areas of practice before of Patent Law in Bangladesh. They are involved at the initial stages of evaluating technology for patentability, drafting and prosecuting patent applications, and analyzing patents for enforcement opportunities. “The Lawyers & Jurists” is widely recognized as one of the top law firms for handling some of the most complex procedures in Bangladesh, such as interferences, ex parte and inter partes reexaminations, and reissues. The following are the procedures of patenting in Bangladesh:

Patent is a set of exclusive rights granted to an inventor or their assignee for a limited period of time, in exchange for the public disclosure of the invention. In Bangladesh, it is document issued, upon application, by the Department of Patents and Designs acting under the Ministry of Industry of Bangladesh explaining the concerned invention and establishes the exclusive rights of the person to whom the patent is granted. However, an invention in order to be protected by the grant patent must fulfill tree conditions. The invention must be new ones that is to say, it grasp for the first time. It is required to involve an inventive step, which means the creative idea of the inventor is a significant and noticeable one. And lastly, it must posses the quantity of industrial application. An application for patent may be made by any person or not, whether alone or jointly with other persons.

An application for the registration of patent shall be filed to the Patents and Designs wing of the Department of Patent, Design and Trademark. An application must be made in the prescribed form and must be left at the department of patents, designs and trademark in the prescribed manner as per the Patents & Designs Act, 1911.An application must contain to the declaration to the effect that the application is in the possession of an invention and must be accompanied by either a provisional or by complete specification and with the prescribed fees.

A description of the invention (called the ‘specification;) is an essential part of a patent and constitutes the quid pro quo for the grant of patent monopoly . It describes the invention and the method by which it is to be performed full and particularly. The Registrar may require suitable drawings to be supplied at any time before the acceptance of the application and such drawings shall form part of that specification. The Registrar may also require a sample or model, which illustrate the invention or alleged to constitute the invention to be supplied before the acceptance of the application in particular case. A patent specification is technical as well as legal document. A patent specification may be of two types i.e. provisional and complete. A provisional specification must describe the nature of the invention. An application may file provisional specification that need not be full and specific. It is filed with the purpose of fixing the priority date of the patent. Where a provisional specification is filed, the applicant gets a maximum period of 10 months to file the complete specification. During this period, he may develop or modify his invention, which can be incorporated into the complete specification. A complete specification is demanded for the purpose of availing the concerned invention to the public after the protected period. A specification must be drafted with utmost care. All the statement in it must be accurate and include all possible variations of the invention to guard against infringement. The grant of patent solely depends on the specification, which are complex types of document to draft. Therefore, it is better to be drafted by professionals having good skill in this field.

On receiving the complete application, the registrar shall refer to an examiner in respect of which a complete specification has been filed and if he is not satisfied with the report of the examiner may refuse to accept the application or require that the application, specification or drawing be amended before he proceeds with the application, and on the later case the application shall, if the registrar so directs, bear the date as from the time when the requirements is complied with. The grounds upon which the registrar may refuse to accept an application are stated in section 5 (1) of the Patents and Designs Act, 1911.

On the acceptance of the application the registrar shall give notice thereof to the application and shall advertise the acceptance; and the application, specification and the drawing (if any) shall be open to the public inspection. After the acceptance of an application and until the date of sealing a patent in respect thereof, or the expiration for the time for sealing, the applicant shall have the like privileges and the rights as if a patent for had been sealed on the date of the acceptance of the application. But in such case, the patentee will not be entitled to any proceeding for infringement until the patent has been sealed. Any person may, on payment of the prescribed fees, at any times within four months from the date of the advertisement of the acceptance of an application, give notice at the Department of Patents, design and trademarks of opposition to the grant of the patent on certain specified ground. The grounds are as follows:

1. That the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or

2. That the invention has been claimed in any specification filed in Bangladesh which is or will be of prior date to the patent, the grant of which is opposed;

3. That the nature of the invention or the manner in which it to be performed is not sufficiently or fairly described and ascertained in the specification; or

4. That the invention has been publicly used in any part of Bangladesh or has been made publicly known in any part of Bangladesh; or

5. That the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either forms the subject of an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has made available to the public by publication in any document published in Bangladesh in that interval.

The notice for opposition must be filled only on the above-mentioned grounds and no other grounds can be attached with the notice for claiming opposition. Where such notice is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those four months, after hearing the applicant and the opponent, if desirous of being heard, decide on the case. The decision of the Registrar shall be subject to appeal to the Government.

If there is no opposition, or in case of opposition, the determination is in favor of the grant of patent, a patent shall, on payment of the prescribed fees, be granted, subject to such conditions (if any) as the Government think expedient, to the applicant or in case of a joint application to the applicants jointly, and the Registrar shall cause the patent to be sealed with seal of the department of patents, Designs and Trademarks.

1. A patent is a bundle of rights, which may be divided and assigned or retained in whole or in part, the owner of a patent enjoys exclusive rights to exclude others from exploiting the patented invention. The exclusive rights has two main application in practice i.e. Protection against infringement and possibility of assigning or licensing the right in part or in whole. A patent right may, which relates to any products, be exploited as follows-

1. To make the product,

2. To use the product,

3. To sell the products,

To authorize others to do the above acts in whole or in part.

Where an invention is patented which contain process, the owner enjoys the following rights-

1. To use products directly obtained through the process

2. To make the product directly obtained through the process,

3. To the sell the product directly obtained through the process,

To the authorize the product directly obtained through the process,

The term limited in every patent for duration thereof shall, save as expressly provided by this Act, a patent shall be dated and sealed from the date of its application. Notwithstanding anything contained therein or in this Act, a patent shall cease if the patentee fails to pay the prescribed fees within prescribed times. A patentee may present petition to the Government praying that his patent may be extended for a further term; but such petition must be left at the Department of patents, designs and trademarks at least 6 months before the limited for expiration of the patent and must be accompanied by prescribed fees and must be advertised by the patentee within the prescribed time and in the prescribed manner. Any person may give notice to the Registrar of the objection to the extension. The government may dispose the petition for extension itself or refer it to High Court Division for its disposal. The Government or the High Court Division, after considering the nature and merits of the invention in relation to the public, the profits made on the patent and to all circumstances of the case, if it appears that the patent has not been sufficiently remunerative, it may by order extend the term or grant a new patent, the term extended for a further period shall not exceed 5 years or in extended case 10 years, the Government or the high Court Division may by order grant the new condition as it thinks fit .

Where any patent has ceased owing to the failure of the patentee to pay any prescribed fees within the prescribed time, the patentee may apply to the Registered in the prescribed manner for an order for the restoration of the patent. Section 12 confers exclusive rights to the patentee that he may make, use, sell or authorize others so to do, where a patent is granted to the two or more persons each of these persons shall be, in absence to a contract to the country, entitled to the equal rights in the patent, but none of them shall be entitled to assign or license his share in the patent without the consent of the other co-owner

1. A patent may be transferred from the original patentee to the other person by assignment, or by license, or by mortgage, or by operation of law. A patent may also be transferred to the Government. Sometimes the transfer of the may occur compulsorily. Legal or equitable. A legal assignment, A mortgage is documents transferring the patents, wholly or partly, to the mortgagee with a view to secure the payment of a sum of money. A patentee may by license, authorize others to make, use, or exercise the invention, which would otherwise be illegal for them person to do. A patent may be transferred by the operation of law if the patentee dies, or become insolvent or in case of juristic person when it dissolves, Subject to the other provisions of this section, a patent shall have to state that the inventor of any improvement in instruments or munitions of war may (either for or without valuable consideration) assign to the Government all benefit of the invention; and the Government laid down in detail in section 21A.where it is found the demand of a patented article in Bangladesh has no been met to an adequate extend and on reasonable terms, any interested person may file petition for a compulsory license, Such application may be filed by any interested person and it must be must be made to the Government (Department of patents, designs and trademarks).A patent may be revoked either by the order of the Government or High Court Division ,At any time lot less than four year after , the date of a patent has been granted under this Act, any person may apply to the Government for relief under this section on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside the Bangladesh. Infringement means the violation of the violation of exclusive rights granted to the patentee. The statute conferred exclusive monopoly rights to make, use, exercise, sell or distribute the invention by his satisfaction and when such rights are violated by others it is called infringement. The rights to sue for the infringement lies on the patentee. A co- owner has also the rights to institute suit for the infringement. An exclusive licensee or assignment may also file suit for the infringement if the license or assignment is registered. A suit for infringement can be instituted only after the patent has been sealed. The court will follow the code of civil procedure, 1908 in conducting a suit for the infringement as far as it is relevant. The period of limitation for bringing a suit for infringement is years from the date of infringement. The onus of establishing infringement is on the plaintiff. A successful plaintiff is entitled to the following relief in a suit for infringement- Damages or an account of profit:

1) he was not aware; or

2) he had reasonable means of making of making himself aware of the existence of the patent.

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Bangladesh introduces amendments to the IP fee schedule

The Bangladesh Department of Patents, Designs and Trademarks (DPDT) published a new version of intellectual property fees in the Official Gazette of November 24, 2021. The fees vastly constitute increases across the board, and were implemented as of December 5, 2021. A rate of 15% VAT is applicable on all Official fees.

As per the amendments to the patent fees of Bangladesh, the cost of filing a standard or a conventional application has risen by 2.5 times. Both of these fees are applicable to patent applications containing up to 25 pages of specification and up to 10 claims. The fee for each additional page and claim thereafter has been increased by five times.

The cost of filing a late application has been doubled, whilst the registration fee has risen by approximately 40%.

The fees in relation to patent annuities have increased significantly, with the cost payable for the 5th year surging by almost 3 times to approx. 119 USD from the previous fee of approx. 40 USD. Lesser rises can be seen throughout further maintenance fees, for example, the fee for the 10th year is now approx. 286 USD, 97% more than the previous cost and the final 16th year ballooning by nearly 2.3 times up to approx. 596 USD.

The fees in relation to trademark applications and maintenance have also increased in a similar manner, with the search fee expanding by 20%. Increasing by approximately 33%, the cost of filing a trademark application will now comprise approx. 60 USD.

The trademark publication fee has seen a significant increase of approximately 167%. The cost of trademark registration has grown by 25%. Further, the renewal of a trademark will now cost 16% more.

Both the fee for filing an application for the assignment of a mark and the fee for filing an opposition have inflated by 20%.

Industrial design fees have also experienced growth as per the amended schedule, with the cost associated with filing a non-conventional design application now constituting approx. 48 USD, inflating by 60%. The fee for a priority claim in relation to an industrial design has increased by 50% to approx. 180 USD. Moreover, a fee of approx. 36 USD is now applicable for issuance of a design registration certificate.

The respective costs for recordal of an assignment, license agreement, and change of name and/or address will now constitute 60 USD each, rising by 50% from the previous fee.

The amendments to the intellectual property fee schedule in Bangladesh comprise increases for the majority ranging from subtle rises to almost triple the cost of the previous fee. If you are interested in estimating a budget for IP matters in Bangladesh with the updated fees, please feel free to use our quotation tool or contact our team for assistance.

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Ambiguous Phrase in a Patent Assignment Precludes Summary Judgment Regarding Standing

Core Optical Technologies, LLC v. Nokia Corporation

Before Dyk, Mayer, and Taranto. Appeal from the Central District of California.

Summary: Applying California law, the phrase “entirely on my own time” in an employment agreement was found ambiguous and therefore precluded summary judgment of no standing to sue for patent infringement.

Core Optical Technologies, LLC sued Nokia Corporation and others (collectively “Nokia”) for patent infringement. Named inventor Dr. Mark Core had assigned the asserted patent to Core Optical in 2011. Nokia moved for summary judgment that Core Optical lacked standing. Nokia argued that the 2011 assignment was ineffective because Dr. Core had already assigned the patent rights to a third party called TRW Inc. through a 1990 employment-associated agreement. This 1990 agreement automatically assigned to TRW inventions that Dr. Core developed during his employment, but excepted inventions that were developed “entirely on [Dr. Core’s] own time.” Neither party disputed whether Dr. Core conceived of and reduced to practice the invention claimed in the ’211 patent in the course of his PhD research beginning in 1993. During that PhD program, Dr. Core continued to work both as a salaried part-time TRW employee and as a PhD fellow sponsored by TRW. TRW paid Dr. Core’s tuition and fees and provided Dr. Core with wages, a monthly stipend, and full employee benefits. The district court determined that the time Dr. Core spent on his PhD research was not entirely Dr. Core’s “own time.” It granted summary judgment that Core Optical lacked standing. Core Optical appealed.

The Federal Circuit vacated the district court’s judgment. Applying California law, it found that the phrase “entirely on my own time” was ambiguous and could not be conclusively interpreted without further factual development. The Federal Circuit noted conflicting evidence regarding Dr. Core’s use of TRW resources and the extent to which his PhD work, which led to the patent, was conducted independently of his employment. The Federal Circuit remanded for further proceedings to resolve these ambiguities.

Judge Mayer dissented. He opined that the district court correctly granted Nokia’s motion for summary judgment after determining that, as a matter of California law, Dr. Core did not develop the patented invention “entirely on [his] own time.”

Editor: Sean Murray