Patent

Patents are used to protect inventions, which are new ideas or concepts that have a technical function or a technical aspect. They protect how new things or processes work. Therefore, if you have developed a new product, a new method of doing something, a new use for something, or a new improvement to a known product or method, you may want to consider patent protection.

To qualify as an invention, the idea or concept does not need to be a giant departure from anything that already exists. Whilst an entirely new product or method may be patentable, a technical improvement to an existing product or method may also be patentable. The technical function or aspect of your idea or concept must be new over everything that has been made public before the patent is applied for and critically, must not be an obvious improvement or combination of known features. These are the two main factors that will be considered if you choose to seek patent protection.

In Bangladesh, the following are specifically excluded from patent protection:

• Computer programs

A patent is obtained through an application procedure and it is vitally important that the invention is confidential at the time that a patent is applied for.
The procedure for the grant of a patent which involves filing an application with the Department of Patents, Designs & Trademarks, Bangkadesh which is then searched and examined for patentability under the relevant law. Should any objections be raised by the DPDT, there is an opportunity to respond. During the procedure your patent application will be published. Any interested third parties can file an opposition that may be able to prevent grant. However, assuming that your idea or concept is found to fulfil the requirements for patentability, it will be accepted for grant.

A patent can be in force for up to 16 years from the application date. To obtain the maximum term of protection in Bangladesh, a renewal fee is generally payable every year up to 16years.

A granted patent provides the owner with a tool that can be used to prevent unauthorised use and importation of the patented invention in Bangladesh.

Our firm regularly helps clients across a wide range of industries obtain and enforce patents. We provide following services in terms of patents rights protection: 

• Advise on patentability/registrability of Inventions or Ideas
• Conducting search validity and status searching of existing patents
• Preparation and prosecution of applications for the grant of patents
• Defending patent rights against third party
• Patent renewal and maintenance
• Assignment & Licensing
• Recording of change of name/address
• Pre- and/or post-grant amendment
• Patent Journal watch
• Patent litigation etc

If you would like to apply for a patent, or have a problem or matter concerning a patent we would be happy to help. For an outline of the stages, time scales and typical costs involved in obtaining patent protection, please communicate with us at our email address: info@munshiandassociates.com.

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