How to Amend and Maintain Unity in Patent Applications in Bangladesh?

The Bangladesh Patent Act, 2023, lays down specific provisions regarding how patent applications may be amended, what constitutes a unified invention, and the roles of the courts and the Registrar in allowing changes. Sections 11, 12, and 13 focus on the amendment of patent applications, the unity of invention requirement, and the conditions under which a court may allow modification of the patent specification.

This article breaks down these three important sections for easier understanding.

🧩 Section 11: Unity of Innovation (Unity of Invention)

Section 11 emphasizes the requirement of unity in a patent application. This means that each patent application should focus on a single inventive concept.

🔹 Key Highlights:

1. No Mixing of Unrelated Inventions:
   • A patent application must not include more than one distinct invention or subject matter.
   • You cannot submit amendments or documents that add unrelated inventions or alter the unity of the original idea.
2. Prohibition of Irrelevant Claims:
   • If a claim doesn’t relate to the main invention disclosed, it should not be included or allowed.
3. Court or Examiner Intervention:
   • If, during examination or post-filing review, the Registrar, court, or examiner finds that the application includes unrelated subjects, they may direct:
     • (a) Segregation of different inventions into separate applications.
     • (b) The specification and drawings to be limited only to relevant content.
     • (c) No further claim or submission on matters outside the unified scope.
4. Preserving Inventive Unity:
   • The law ensures that only cohesive inventions are granted protection under a single patent.

✍️ Section 12: Amendment by the Registrar

Section 12 outlines the conditions under which the Registrar may allow amendments to a patent application or specification.

🔹 When Amendments Can Be Made:

1. With Permission:
   • Amendments to a patent application/specification may be permitted by the Registrar, provided that:
     • There is no ongoing court case that may impact the validity of the patent.
     • The amendments do not change the scope or nature of the invention.
2. Grounds for Amendment:
   • Errors, omissions, or clarifications can be corrected.
   • The amendment must not introduce new matter outside the original disclosure.
3. Restrictions:
   • Once a court proceeding is active, the Registrar cannot allow amendments unless the court permits or instructs it.
   • Amendments must be made before grant, except when exceptional cases are justified.
4. Notification and Transparency:
   • Any proposed amendment must be published or notified, and objections can be raised by third parties.

⚖️ Section 13: Amendment by Court (District Judge)

Section 13 gives the District Judge authority to allow amendments to a patent specification when a valid reason is presented—especially when the Registrar lacks authority to act due to legal limitations.

🔹 Key Points:

1. Court Authorization in Pending Cases:
   • If the matter is already in court and the patent's validity is under question, the District Judge may allow the amendment if deemed necessary for justice and public interest.
2. Notification to Registrar:
   • After the court orders an amendment, the applicant must inform the Registrar, who will then update the official register.
3. Final Entry in Patent Register:
   • Once an amendment is accepted by the court, it becomes legally binding, and the Registrar must update all official records accordingly.

🧾 Summary Table

💬 Example

Let’s say you file a patent for a solar-powered water pump, but also include a design for a completely separate wind turbine. Under Section 11, the examiner may require you to split the application. Later, if you find an error in your original drawings, you may apply for a Section 12 amendment—but if someone challenges your patent in court, only a Section 13 amendment through court order will be valid.