Assignment 3

How to Patent for an Idea

International Business
BUS 606

S u b m i t t e d

T o

Dr. A.K. Enamul Haque Department of Business Administration United International University

S u b m i t t e d
Mehnaz Tabassum ID: 112 112 013

B y

United International University

How to Patent for an Idea

1. AN INVENTION PATENT
To patent an idea there must exist an invention new to the world. Your invention must provide a solution to a particular technical problem. Inventions can be protected as a National Patent.

2. DEFINITION OF A PATENT
A title awarded by the state to the owner of the invention granting the exclusive right to exploit his or her invention for a determined period of time. The actual length of time is usually 20 years. However, for the invention to be patentable and, in consequence, receive patent protection it is must be proven via the patent application form that the following requisites are fulfilled: 1. It must be a new/novel invention (in the world). Novelty means that is does not form part of the 'state of the art'. The state of the art comprises of everything made available to the public anywhere in the world by means of a written or oral description, by use, or in any other way, before the date of filing or priority [Art.54(2)EPC]. In other words, one of the first steps for getting a patent will be a patent search or it could be a European patent search or a US patent search, using a patent database. 2. It must involve an Inventive Step (ie it must not be obvious to someone with good knowledge and experience of the subject/skilled in the art). 3. It must be capable of Industrial Application (the invention must be capable of being made or used). 4. It must not fall in one of the excluded subject-matter categories.

3. THE PROCESS TO GET A PATENT

How to get a patent or how to patent a product, once you and your patent lawyer consider it worthwhile to prepare and file a patent, becomes a question of how to file a patent. Presenting your invention is a key part of the application process and it means you've really come a long way from asking yourself how to patent an idea or how to get a patent.

4. REQUIREMENTS FOR THE PATENT APPLICATION

These include: Description (Rule 27 of the Implementing Regulations or EPCIR), Claims (Art. 84 EPC, Rule 29 EPCIR & Rule 32 EPCIR), Abstract (Rule 33 EPCIR), Novelty (Art.54.2 &.3 EPC), Inventive Step (Art.56 EPC), Unity of Invention (Art.82 EPC & Rule 30 EPCIR), Amendments (Art.123.2 & .3 EPC). Try not to get too bogged down with the law that's what intellectual property lawyers are for, leave the hard work to them! Let's take a quick look at the Description: this would include details of the technical field, any background art to help understand the invention, disclosure about the problem and solution and advantages of the invention, a brief description of the drawings, an explanation of at least one way the invention can be carried out with examples and to present the industrial applicability... Once filed, if all is well, then the application reaches the Grant Procedure stage. This involves the Opposition Procedure and the Appeals Procedure.

5. LEGISLATION RELATING TO IP PROTECTION IN BANGLADESH:

The patents and designs Act, 1911, lays down the condition of, and the procedure for , granting a patent, known as Letters Patent, for an invention. The legislation requires that apart from possessing the universal characteristic of utility (industrial Applicability), novelty and non-obviousness (inventive step), an invention, in order to be patented, should not be contrary to law or morality. If the registrar is of the opinion that an invention is as such (contrary to law or morality), he or she may refuse to grant a patent. However, the patentee or the applicant, as the case may be, may prefer an appeal against such an order with the government.

Any person, whether he or she is a citizen of Bangladesh or not, and either alone or jointly with any other person, may apply for a patent. In Bangladesh protection of an innovation is granted, in the first instance, for a period of 4 years from its date. After the expiry of the tenure, the patentee can renew his/her letters patent for another 12 consecutive years on payment of annual renewal fees. The term of the patent may, on a petition presented by the patentee, be extended for a further term not exceeding 5 years if it appears that the patent has not been sufficiently remunerative. However, in exceptional cases the term may be

extended up to ten years, though the term exceptional has not been defined in the legislation. As an alternative, a new patent may be granted for such a term not exceeding ten years.

The new legislation on patent propose that the term of every patent granted shall be twenty years from the date of filing an application for patent. This has been proposed in conformity with Article 33 of the TRIPS agreement.

6. IP OFFICE OVERVIEW
Previous Patent Office and the Trademarks Registry Office has been merged together and Department of Patents, Designs and Trademarks (DPDT) has been established which is functioning under the Ministry of Industries. Total manpower: 120 (Officers: 47 + Staff: 73) Bangladesh has inherited intellectual property system from the British regime. Government of the Peoples Republic of Bangladesh has given more importance to upgrade/modernize the IP laws keeping it in conformity with Trade Related Aspects of Intellectual Property Rights (TRIPS).

Location of the Department:

The DPDT is situated on the fifth and sixth floor of the Ministry of Industries, 91, Motijheel Commercial Area, Dhaka-1000.

Organizational Structure
Department of Patents, Designs and Trademarks (DPDT)

7. NATIONAL IP LEGISLATION
The Patents and Designs Act, 1911; The Patents and Designs Rules, 1933; The Trademarks Law, 2009; The Trademarks Rules, 1963; The Copyright Act, 2000 [amended in 2005] ; Draft Patent Law, 2009 (on going); Draft Design Law, 2009 (on going); Draft Geographical Indications law, 2009(on going); Draft law on Lay out Designs (topographic) of Integrated Circuits (on going) The following IP rights are protected under these laws:

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. Under the Patents and Designs Act -1911 patents are granted. Patents provide 16 years protection from the date of filing of the application.

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of twodimensional features, such as patterns, lines or color. Industrial designs are protected under The Patents and Designs Act -1911. Registration of assign is given for 5 years. It could be renewed twice, each renewal remains valid for 5 years.

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. The trademarks system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. A registered trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. In Bangladesh trademarks and service marks are registered under The Trademarks Act- 2009. Registration provides 7 years protection; it can be renewed every after 10 year on payment of renewal fees

Copyrights are protected for original intellectual work of literature, art, music, software, etc. under The copyrights Act 2000 (Amended in 2005). Copyright exist up to 60 years after the death of copyright owner.

The Department of Patents, Designs and Trademarks (DPDT) administers all the above mentioned IP rights except copyrights.