Under the Bangladesh Patent Act, 2023, inventors and applicants are given structured flexibility to withdraw and refile patent applications under certain conditions. Section 10 of the Act outlines the legal basis and rules for withdrawing a submitted application and the possibility of refiling it for the same invention.
This article provides a simplified explanation of Section 10 to help inventors, researchers, and businesses understand their options if they wish to withdraw or resubmit a patent application.
🔄 What Does Section 10 Say?
Section 10(1):
An applicant may withdraw their submitted patent application at any time before it is granted, meaning the application can be withdrawn anytime prior to sealing (the final stage of patent grant).
📌 Under What Conditions Can You Withdraw?
According to Section 10(2), withdrawal is only valid in the following situations:
(a) No Disclosure Has Been Made
If the invention has not yet been disclosed to the public, the application can be withdrawn.
(b) No Priority Claim Is Made
The applicant has not claimed priority based on an earlier application.
(c) No Conflicting Rights in Bangladesh
If the earlier application has not resulted in any enforceable patent rights, the invention may be eligible for refiling.
🔁 What About Refiling the Application?
Section 10(3) adds an important clarification:
- If the first application was withdrawn before any rights were established and the conditions in 10(2)(c) are satisfied, the same invention can be refiled as a fresh application.
- However, no claim of rights can be made based on the earlier withdrawn application.
In short, you cannot rely on your earlier filing date if you withdraw the application—you must start fresh, and the new application will be treated as entirely independent.
💡 Example Scenario
Imagine you file a patent for a new smart irrigation device, but later realize the specification needs revision. If:
- The patent has not been published,
- You have not claimed any priority from an earlier filing,
- And the earlier application hasn’t resulted in any enforceable patent,
Then you may withdraw the application, make the necessary changes, and refile it as a new application—but your filing date will be the date of the new application, not the original one.
⚠️ Key Takeaways
| Topic | Rule Under Section 10 |
|---|---|
| Withdrawal timing | Any time before sealing (grant of patent) |
| Disclosure condition | Invention must not have been disclosed |
| Priority claim | No earlier priority claim must be made |
| Rights in Bangladesh | No enforceable rights from earlier application |
| Refiling possibility | Allowed only if no rights exist from earlier filing |
| Priority of earlier app | Cannot claim rights or priority from withdrawn app |
📚 Legal Source
You can read Section 10 of the law at the official government link:
🔗 Patent Application Withdrawal – Section 10
