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Understanding the Patent Prosecution Procedure in Bangladesh

What is the procedure of Patent Prosecution in Bangladesh?

The procedure for the grant of a patent in Bangladesh is as follows:

Stage: 1- Patent application filing:

An application for the grant of patent can be filed in Bangladesh along with the prescribed fee at the Department of Patents, Designs and Trademarks.

How to file a request for Patent Examination in Bangladesh?

Stage: 2- Patent Examination:

In Bangladesh an examination of a patent application is carried out automatically without a formal request being made. As per section 5 of the Patents & Designs Act 1911, the Registrar shall refer to an examiner every application in respect of which a complete specification has been filed for making him a report in regard to the patentability of the invention and whether other requirements of the Act and rules has been complied with.

The first examination report is generally issued within 18 months of the filing date of application in Bangladesh.

What is the time period to file the response of Office Action?

Stage: 3-Office action response:

Normally all the objections must be met at least one month before the normal date of acceptance of the application. If the applicant does not comply with the objection, the application will be abandoned. Upon complying the requirements, the application is accepted and published in the Official Gazette.

When a pre-grant opposition can be filed in Bangladesh?

How to file pre-grant opposition in Bangladesh?

Stage: 4:- Pre-grant opposition:

As per Section 9 of the Act, at any time, within four months from the date of advertisement of the acceptance of a complete specification, any person may give notice of opposition to the grant of Patent to the Registrar on limited grounds.

What is the term of a Patent in Bangladesh?

Stage: 5:- Grant of Patent:

If there is no opposition or in case of opposition, if the determination is in favour of the applicant of a patent, and if the applicant desires a patent to be sealed, he/she shall file his/her request on Form 8 with prescribed fee in accordance with Rule 23 of the Patents & Designs Rules, 1933 within 24 months or 28 months (as the case may be) from the date of filing.

The term for patents in Bangladesh is 16 years from the date of filing of the application for the patent. It is the responsibility of the patentee to maintain an issued patent by paying the annuities until the patent expires. After 16 years term the invention claimed in the patent falls into the public domain.

Sources: The Patents and Designs Act, 1911

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