Under the Bangladesh Patent Act, 2023, Section 14 introduces a vital provision that allows applicants to file a divisional application—when a single patent application contains more than one invention or subject matter. This provision aligns with international best practices and ensures that patent protection remains clear, organized, and properly focused on one invention per application, also known as the Unity of Invention principle.
Here’s a breakdown of Section 14, explained in simple terms:
🧩 What is a Divisional Application?
A Divisional Application is a new patent application that is split off from an earlier (parent) application when it includes more than one invention. This allows each invention to be examined and granted independently.
📜 Key Provisions Under Section 14
✅ 1. When Can You File a Divisional Application?
- If the original application (provisional or complete) contains multiple inventions, the applicant may file separate divisional applications for each invention.
- This must be done before the grant of the original application and within 3 years from the filing date of the original patent application.
- No more than three divisional applications may be filed from one original application.
✅ 2. Based on Complete Specification
- Divisional applications must be based on the content already disclosed in the original complete specification. You cannot add new material that was not part of the original application.
✅ 3. No Duplicate Claims Allowed
- If the invention disclosed in the divisional application is already claimed in the parent application, it cannot be claimed again. The two applications must cover separate inventions.
✅ 4. Priority Dates for Divisional Applications
- The priority date for a divisional application will be the same as the original filing date of the parent application (if related to the same content).
- However, the divisional application will be treated independently for examination, grant, and publication.
✅ 5. Examination Process
- A divisional application is examined separately, and the applicant must request examination just like a regular application. Examination fees and timelines will apply individually.
📌 Summary Table
| Provision | Rule/Requirement |
|---|---|
| Who can file | Any applicant of the original patent |
| Deadline | Within 3 years from original application date |
| Limit on number | Up to 3 divisional applications allowed |
| Basis for content | Must be based on disclosed matter in original specification |
| Duplicate claims | Cannot duplicate claims from the parent application |
| Priority date | Same as parent if subject matter matches |
| Separate examination | Required for each divisional application |
🧠 Example
Let’s say you file a patent for a smart wearable device that includes a heart monitor and a fall detection system. The Patent Office may consider these as two separate inventions. You can then file a divisional application specifically for the fall detection technology while keeping the heart monitor in the original application. Each will be processed and protected independently.
✅ Why Divisional Applications Matter
Divisional applications:
- Help ensure each invention gets proper attention.
- Allow for strategic filing and protection of multiple innovations.
- Avoid rejection based on lack of unity in the original application.
