Biotech & Microorganism Patent Rules in Bangladesh

Under the Bangladesh Patent Act, 2023, Section 9 specifically outlines the requirements and special considerations for patent applications involving microorganisms. As biotechnology and microbiology become increasingly important in areas such as pharmaceuticals, agriculture, and food technology, understanding how Bangladesh handles microorganism-related inventions is crucial for innovators, researchers, and companies.

This article breaks down Section 9 in clear and simple terms.

🦠 What is Covered in Section 9?

Section 9 provides guidance for patent applications involving microorganisms, particularly when:

• The invention depends on a microorganism that cannot be fully described using standard scientific and legal language.
• The microorganism is not publicly available, and replication requires a sample.

In such cases, the applicant must deposit a sample of the microorganism with a designated depository institution in Bangladesh or elsewhere (if not available locally) before the filing date.

📋 Key Requirements Under Section 9

✅ 1. Deposit Requirement

If the invention cannot be described adequately for reproduction, the applicant must deposit a viable culture of the microorganism at a recognized depository institution. This helps ensure others can replicate the invention based on the deposit, even if the written description is not enough.

✅ 2. Disclosure Details

Along with the deposit, the applicant must:

• Provide the name, address, and reference number of the depository.
• Submit proof of deposit, including the strain or identification number.
• Clearly state the date of deposit and institution details in the application.

✅ 3. Timing of Disclosure

• The microorganism must be deposited before the patent application is filed.
• The deposit details must be submitted to the Bangladesh Patent Office within the prescribed time.

✅ 4. Exclusive Bangladesh Use

If the invention is intended for use only in Bangladesh, the sample must be deposited in a designated national depository.

✅ 5. Microbial Source and Origin Disclosure

The biological source and geographical origin of the microorganism and associated knowledge must be disclosed. If it involves traditional knowledge, the applicant must acknowledge it and comply with relevant guidelines.

📌 Example Scenario

If a Bangladeshi university develops a new strain of probiotic bacteria for gut health that cannot be fully described in a written specification:

• The strain must be deposited in a depository.
• The patent application must include all details about the deposit.
• If the strain is isolated from a local plant using indigenous knowledge, that must also be disclosed.

⚖️ Why This Matters

Section 9 helps:

• Ensure transparency in biotechnology patents.
• Encourage responsible use of biological and genetic resources.
• Protect public interest and biodiversity.
• Comply with international agreements like the Budapest Treaty (though Bangladesh is not yet a member).

🧾 Summary Table