The short answer
A Bangladesh patent application must cover one inventive concept (Sections 8(11) and 14); Section 11 limits how an application can be amended. Before grant, the Registrar may allow amendments that fix errors but add no new matter (Section 12). Once a court case is pending, only the District Judge can allow an amendment (Section 13).
Sections 11, 12 and 13 compared
| Section | Who decides | Purpose |
|---|---|---|
| 8(11), 14 Unity | Director General | The claims must relate to one invention or one inventive concept; a divisional application can split out other inventions |
| 11 Amendment limits | Director General or court | No amendment except by disclaimer, correction or explanation, and no claim to matter not disclosed before |
| 12 Amendment | Registrar | Correct errors or clarify, if no court case is pending and scope does not change |
| 13 Court amendment | District Judge | Allow amendment during proceedings, then notify the Registrar |
Sections 8(11), 11 and 14: one invention and limits on amending
The claims of a complete specification must relate to one invention or a group of linked inventions forming a single inventive concept (Section 8(11)). If the application covers more than one invention, the Director General can raise the objection and a divisional application can be filed (Section 14). Section 11 adds that an application or specification may be amended only by disclaimer, correction or explanation, and an amendment cannot claim matter that was not disclosed before.
Sections 12 and 13: changing a filed application
- Amendments are normally made before grant
- They may correct errors or omissions and clarify, but cannot introduce new matter
- Proposed amendments are published, and third parties can object
- If the patent's validity is in court, the Registrar cannot amend; the District Judge can, if needed for justice and public interest
- After a court-ordered amendment, tell the Registrar so the register is updated
Example. You file a solar water pump together with an unrelated wind turbine. Under Section 11 you may be told to split. A later drawing error can be fixed under Section 12, but if someone challenges the patent in court, only a Section 13 order works.
Patent amendment questions
Can I add new features after filing?
No. Amendments cannot add matter outside the original disclosure.
Who can amend during a court case?
Only the District Judge, under Section 13.
What if my application has two inventions?
Split it, usually by filing a divisional under Section 14.
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