Patent Filing In Bhutan
Patent filing in Bhutan is governed by the The Industrial Property Act of the Kingdom of Bhutan, 2001. According to the Act, “a patent means the title granted to protect an invention.” For the purposes of this Act, “invention” means an idea of an inventor which permits in practice the solution to a specific problem in the field of technology. An invention may be, or may relate to, a product or a process.
| Relevant Office | The Intellectual Property Division (IPD) of the Ministry of Economic Affairs |
| Law in force | The Industrial Property Act of the Kingdom of Bhutan, 2001 |
| Paris Convention | Yes |
| PCT | No |
| Prosecution process | Filing Examination Publication Registration Renewal |
| Registration term | 20 years from the date of filing |
Criteria For Patentability In Bhutan
Which inventions can be protected as patents in Bhutan?
According to Section 5 of the Act, an invention is patentable if it is new, involves an inventive step and is industrially applicable. An invention is new if it is not anticipated by prior art. Prior art consists of everything disclosed to the public, anywhere in the world, by publication in tangible form or by oral disclosure, by use or in any other way, prior to the filing or, where appropriate, the priority date, of the application claiming the invention.
Inventions Not Patentable In Bhutan
Which inventions cannot be protected as patents in Bhutan?
As per Section 4(3) of the Act, the following inventions are not patentable in Bhutan:
- 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, as well as diagnostic methods practised on the human or animal body.
Types of Patent Applications in Bhutan
The different types of patent applications that can be filed in Bhutan are:
a) Ordinary Patent Application
An application for patent filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application under process in the Patent Office is called an ordinary application.
b) Convention Patent Application
When an applicant files the application for a patent, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries, it is called a convention application. The convention application shall be filed with the Patent Office within 12 months of filing the similar application in the convention country.
c) Divisional Patent Application
The applicant may, up to the time when the application is in order for grant, divide the application into two or more applications (“divisional applications”), provided that each divisional application shall not go beyond the disclosure in the initial application.
Filing Requirements for Patent Application In Bhutan
Filing Requirements For An Ordinary Patent Application In Bhutan
The basic mandatory requirements for filing an ordinary patent application in Bhutan shall be as follows:
- Name, address, particulars and nationality of applicant/s for patent
- Name, address and nationality of inventor/s of patent
- Provisional specification or complete specification with description, claims, abstract, drawings
- Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement)
- Power of authority in favour of Bhutan Patent Attorney/ agent
Filing Requirements For A Convention Patent Application In Bhutan
The basic mandatory requirements for filing a conventional patent application in Bhutan shall be as follows:
- Name, address, particulars and nationality of applicant/s for patent
- Name, address and nationality of inventor/s of patent
- Complete specification with description, claims, abstract, drawings
- Details of conventional Patent Application from which the priority is claimed
Other requirements for Conventional patent filing in Bhutan:
- Proof of right in favor of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement)
- Power of authority in favor of Patent Attorney/ agent
- Certified copy of priority document
- English translation of Complete Specification, Priority document, if in language other than English
PATENT PROSECUTION IN BHUTAN
Understanding the Patent Prosecution Procedure in Nepal
PROCEDURE FOR GRANT OF PATENT IN BHUTAN
What is the procedure for grant of patent in Bhutan?
PATENT APPLICATION EXAMINATION IN BHUTAN
After according a filing date, the Registrar shall examine whether the application complies with the requirements of Section 7(1) and 7(2).
GRANT OF PATENT IN BHUTAN
Where the Registrar finds that the conditions referred to in Section 11(3) are fulfilled, he shall grant the patent. Otherwise, he shall refuse the application and notify the applicant of that decision.
PUBLICATION OF GRANTED/ REGISTERED PATENT IN BHUTAN
When the patent is granted, the Registrar shall:
- publish a reference to the grant of the patent;
- issue to the applicant a certificate of the grant of the patent and a copy of the patent;
- record the patent;
- make available copies of the patent to the public, on payment of the prescribed fee.
For more information on Patent Prosecution and grant in Bhutan please write to us at: info@ssrana.com
To know more about Patents in Bhutan
PATENT ANNUITY PAYMENTS IN BHUTAN
Understanding Patent Annuity Payments in Sri Lanka
When is the patent annuity due in Bhutan?
An annual fee is required to be paid in the prescribed manner in advance to the Registrar for each year, starting one year after the filing date of the application for grant of the patent. A grace period of six months shall be allowed for the late payment of the annual fee on payment of the prescribed surcharge.
For more information on Patent Annuity Payments in Bhutan please write to us at: info@ssrana.com
For more information on Patent Application Filing, filing requirements etc in Bhutan please write to us at: info@ssrana.com
Read More