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PATENTS IN BHUTAN

Understanding Law related to Patents in Bhutan

What is a patent?

According to The Industrial Property Act of the Kingdom of Bhutan, 2001, “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 OfficeThe Intellectual Property Division (IPD) of the Ministry of Economic Affairs
Law in forceThe Industrial Property Act of the Kingdom of Bhutan, 2001
Paris ConventionYes
PCTNo
Prosecution processFiling Examination Publication Registration Renewal
Registration term20 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:

  1. discoveries, scientific theories and mathematical methods;
  2. schemes, rules or methods for doing business, performing purely mental acts or playing games;
  3. 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.

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