The short answer
If a microorganism invention cannot be described well enough to reproduce, Section 9 of the Bangladesh Patent Act, 2023 requires you to deposit a viable sample with a recognised depository before filing, and to give the deposit details and the source of the organism in the application.
When a deposit is required
The deposit duty applies when the invention depends on a microorganism that cannot be fully described in words, or is not publicly available, so others need a sample to repeat the invention.
What you must do
Deposit a viable culture
- Use a depository institution designated in Bangladesh (Section 9(1))
- Deposit before the filing date
Give the deposit details
- Depository name, address and reference number
- Strain or identification number and the deposit date
- Submit proof within the prescribed time
Declare the source
- State the biological source and geographical origin
- Acknowledge traditional knowledge if the invention builds on it
Local use only? If the invention is meant for use only in Bangladesh, the sample must go to a designated national depository.
Example: a probiotic strain
A university isolates a new probiotic strain from a local plant. It must deposit the strain, include the deposit details in the application, and disclose the plant source and any indigenous knowledge involved.
The Act refers to a designated depository in Bangladesh. Confirm with the DPDT which institution is designated before you deposit.
Microorganism patent questions
When must I deposit the sample?
Before the patent application is filed.
Do I need to disclose the origin of the organism?
Yes. Give its biological source and geographical origin, and any traditional knowledge used.
Can I deposit abroad?
The Act (Section 9) refers to a depository institution designated in Bangladesh. Ask the DPDT before relying on a depository abroad.
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