The short answer
The Bangladesh Patent Act, 2023 does not allow a patent for a new form of a known substance, or for merely a new property or new use of a known substance or known process (Section 6(1)(ণ)). The Act's explanation treats salts, esters, ethers, polymorphs, metabolites, pure forms, particle size, isomers, mixtures of isomers, complexes and combinations as the same substance. Section 6(1)(ত) also excludes a claim that picks one or more forms, sub-sets or sub-ranges from a larger known set (a selection claim). If you work on formulations, plan the claims around a real technical advance and a new process or apparatus.
Section 6(1)(ণ): new forms and new uses
- Discovering a known substance in a new form is excluded.
- Discovering only a new property or a new use of a known substance is excluded.
- Discovering only a new use of a known process, machine or apparatus is excluded, unless the known process produces a new product or involves at least one new reactant.
| Treated as the same substance |
|---|
| Salts and esters |
| Ethers |
| Polymorphs |
| Metabolites and pure forms |
| Particle size |
| Isomers and mixtures of isomers |
| Complexes, combinations and other derivatives of a known substance |
Section 6(1)(ত): selection claims
A claim is excluded if it sets out alternatives, can be identified by a general formula, and amounts to choosing one or more forms, sub-sets or sub-ranges from a larger set already published in the prior art. This means a claim to a narrower range inside a known range does not qualify on that ground alone.
What this means for filings
- Claim a new process, apparatus, composition with a genuine technical effect, or a new product that differs in structure from known ones.
- Support the inventive step with data and comparisons: the examiner checks whether the specification is backed by evidence and comparative data (Section 23(1)(গ)).
- Avoid relying only on a new salt, polymorph, particle size or a narrowed range.
- Check which inventions are not patentable and pharmaceutical patents before drafting.
New forms and selection questions
Is a new polymorph patentable in Bangladesh?
No. Section 6(1)(ণ) treats polymorphs as the same substance as the known one.
Can I patent a new use of a known drug?
Not on that basis alone (Sections 6(1)(ঘ) and (ণ)).
What is a selection claim?
A claim to forms, sub-sets or sub-ranges chosen from a larger known set (Section 6(1)(ত)).
Does the examiner check this?
Yes. The examination covers whether the Section 6 conditions are met (Section 23).
Can a new formulation process be patented?
A new process can be, if it is new, inventive and industrially applicable.
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