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Non-Obviousness: The invention should truly be an invention, in the
sense that the invention would not have been obvious to a person having
ordinary skill in the art related to the invention.

Patentable inventions require heavy investments, in terms of monetary,
intellectual and time. Companies spend large amounts on Research and
Development which ultimately results in inventions. Inventing something
also require heavy exertion of brilliant minds, sometimes of just one and
sometimes of many and demands time commitment with trials, errors
and success. Hence, patents are absolutely imperative to be registered.

Patents can be licensed to others and royalties can be obtained from the same.

Registration: Patents in Bangladesh are governed by the Patents and
Designs Act, 1911 (‘PDA 1911’) and sought for protection under the
same. Both foreigners and Bangladeshi citizens can file an application
for patent with the Department of Patents, Designs and Trademarks
(‘DPDT’) with duly completed prescribed forms and complete
specifications of the invention. The specifications must include without
limitation, detailed description of the invention with reference to
accompanied drawings, the objective of the invention and the type of
invention, whether the invention is a product, a device, a process or
both. The drawings that accompany the application also have specific
requirements specified by the DPDT.

Patent applications are technical and the manner in which they are
drafted are absolutely crucial as it can make or break the application. It
is therefore recommended to make patent applicants through lawyers
experienced in such applications.

Term: Under section 14(1) of the PDA 1911, the term limited in every
patent is sixteen years from the date of application. Such term may
be extended for a further term provided such extension application is
made with the DPDT at least six months before the time limited for the
expiration of the patent and must be accompanied by the prescribed fee
and must be advertised by the patentee within the prescribed time and
in the prescribed manner [section 15(1)].

22 | QUEST : Intellectual Property