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Trademarks Journal No. 275 Injunction against a local counterfeiter
Patents

PATENTS:


Legal basis: Patent & Design Act, 1911 with later amendments. Under the provision of section 4(B) of the Patent and Design Act, 1911, an invention may during the period between the date of an application for a Patent therefore and the date of sealing a Patent on that application, be used and published without prejudice to that Patent, and such protection from the consequences of use and publication in this Act referred to as provisional of protection.


Membership of International Conventions: Paris Convention


Patentable subject matters: The
Patent & Design Act, 1911, has more or less been harmonized with the WIPO as concerns the subjective patent requirements. Pharmaceutical and Agrochemical product related patents may be filed, but the same will be trated as mailbox application & will be examined after January, 2016. Computer programs are unpatentable on their own, but may constitute as a part of an invention.

Novelty: Patent Application must be filed before the invention has been made available to the public anywhere in the world. Invention can be made available by means of written or oral description, by use or in any other way prior to the priority date or, if no priority has been claimed, the filing date of the patent application.

Acceptance: After the acceptance of an application and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the application:
Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed.

 

Opposition: Any person may, on payment of the prescribed fee, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the Department of Patents,Designs and Trade Marks of opposition to the grant of the patent on any of the following grounds, namely:-

 

(a) that the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or

 

(b) that the invention has been claimed in any specification filed in Bangladesh which is orwill be of prior date to the patent, the grant of which is opposed; or

 

(c) that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or

 

(d) that the invention has been publicly used in any part of Bangladesh or has been made publicly known in any part of Bangladesh; or

 

(e) that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either froms 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 been madeavailable to the public by publication in any document published in Bangladesh in that interval;
but on no other ground.

 

Term of Patent:  The duration is 16 years from date of filing the patent application (from the international filing date.)

 
FILING REQUIREMENTS FOR PATENT APPLICATIONS:


1. The full name and complete postal address of the applicant, or each applicant.


2. Inventors full name and complete postal address.


3. Specification, claims and abstract in triplicate, in English language. If another language is used, translation is required.


4. Drawings, if any, in triplicate.


5. Claim to conventional priority, if any, stating country, filing date and serial number of basic application from which priority is claimed. Priority must be claimed within twelve months from the filing date.


6. Power of Attorney, signed by the applicant,


7. Assignment deed signed by the inventor, if the applicant is not the inventor. May be filed later (within a term of three months).


8. Priority document (certified copy) if conventional priority has been claimed, must be filed within 3 months from the priority date with late fee.
 

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