One of the most critical concepts in patent law is the priority date—the date from which your invention is legally recognized as having been filed. Section 5 of the Bangladesh Patent Act, 2023 clearly outlines the rules relating to the determination and recognition of the priority date, especially in the context of provisional filings, foreign applications, and divisional applications.
Here's a simplified breakdown of Section 5 to help inventors, legal professionals, and IP stakeholders understand how priority rights work under Bangladeshi law.
📅 What Is a Priority Date?
The priority date refers to the earliest date on which an applicant can claim rights over an invention. It plays a crucial role in:
- Establishing novelty and inventive step
- Determining who filed first, especially in case of competing applications
- Filing foreign applications under international agreements like the Paris Convention
🧾 Key Provisions of Section 5
✅ 1. Provisional to Complete Application
If a provisional specification is filed first, and a complete specification is filed later on, the priority date is the filing date of the provisional application.
✅ 2. Foreign Priority Claim
If an application is filed in another country before being filed in Bangladesh, the priority date can be based on the earlier foreign application if:
- The Bangladesh application is filed within 12 months from the first filing date abroad.
- The foreign application relates to the same subject matter.
- Proper supporting documents are submitted.
✅ 3. Divisional Applications
If a complete specification is divided into two or more applications (e.g., for separate inventions disclosed in the original application), then:
- The priority date of each divisional application is the same as the original application, provided the subject matter was disclosed in the original.
✅ 4. Multiple Priority Dates
If different parts of the application claim different priority dates (e.g., from separate earlier filings), then:
- Each part will be assigned its respective priority date, depending on the claimed content.
✅ 5. Late Filing of Priority Documents
If the applicant fails to file supporting priority documents within the allowed time:
- They may still be given an extension, but this must be done within 12 months, and valid reasons must be provided.
✅ 6. Government Power to Make Rules
The government has the power to:
- Specify how to submit priority documents
- Determine acceptable forms, languages, and deadlines
- Allow electronic filing
📌 Summary Table
| Situation | Priority Date Consideration |
|---|---|
| Provisional filed first | Filing date of the provisional application |
| Foreign filing under Paris Convention | Foreign filing date, if filed in Bangladesh within 12 months |
| Divisional applications | Same as the parent application (if disclosed in original) |
| Multiple prior applications | Each claim receives its respective priority date |
| Delay in submitting documents | Can be rectified within 12 months with explanation |
⚖️ Why Priority Date Matters
The priority date can be the difference between getting a patent or being refused. It protects you against:
- Competing applications filed after your priority date
- Prior art disclosures made after your priority date
💬 Example:
You file a provisional application in Bangladesh on 1 January 2025, and a complete specification on 1 June 2025. Your priority date remains 1 January 2025. If someone else files a similar invention on 10 March 2025, your earlier priority date gives you legal advantage.
