Under the Bangladesh Patent Act, 2023, Section 15 introduces mandatory disclosure obligations for applicants who have filed patent applications in other countries before or along with filing in Bangladesh. This section ensures transparency, promotes harmonization with global patent systems, and prevents double patenting or inconsistent claims.
Here’s a simple breakdown of the law for foreign-based applicants or those filing internationally.
🌐 What Is Section 15 About?
Section 15 requires a patent applicant in Bangladesh to disclose information about foreign patent filings if:
- The applicant has filed the same invention in any other country.
- The foreign application is made prior to or alongside the Bangladesh application.
This requirement applies whether the filing is made individually or jointly with another person or entity.
📋 Mandatory Disclosures Required Under Section 15
The applicant must submit the following within 90 days of receiving a notice from the Registrar:
- ✅ Details of Foreign Filings
A complete statement listing the countries where the same invention has been filed. - ✅ Foreign Examination Results
If the applicant has received any examination reports, search results, or objections in a foreign country, they must provide a copy. - ✅ Grant or Refusal of Foreign Patent
Copies of patent certificates or rejection notices from foreign authorities, if available. - ✅ Amendments Made Abroad
If any amendment was made in foreign jurisdictions, the applicant must submit the amended version. - ✅ Other Information
Any other relevant information requested by the Registrar, including official notifications.
🔄 Timeframe and Flexibility
- The Registrar may allow an extension of time, but not more than 60 additional days, for submitting these documents if sufficient cause is shown.
- If the applicant fails to comply, the Registrar may reject the application after giving a reasonable opportunity to explain.
🔒 Confidentiality and National Interest
If the applicant has not disclosed the details under Section 15 but files the same invention abroad, the application may be rejected on the grounds of national security or lack of transparency.
🔍 Summary Table
| Disclosure Requirement | Required Document |
|---|---|
| Countries where invention filed | Statement of countries |
| Foreign search/exam reports | Certified copy |
| Foreign grant or refusal | Patent grant or rejection certificate |
| Amendments made in foreign filings | Amended specification copy |
| Registrar’s specific request | Any other document or clarification |
| Deadline | 90 days (extendable by 60 days with cause) |
| Non-compliance | Registrar may reject the application |
💡 Example
If an applicant files a patent in the United States and India before applying in Bangladesh, they must:
- Disclose the countries where applications were filed.
- Submit copies of the search or examination reports, and
- Notify the Bangladesh Patent Office if the patent was granted or rejected abroad.
⚖️ Why Section 15 Matters
- Ensures consistency in patent claims across jurisdictions.
- Prevents double-patenting or fraudulent misrepresentations.
- Promotes integrity in the patent system.
- Strengthens the Registrar’s ability to assess the merit of the application.
