With the enactment of the Bangladesh Patent Act, 2023, a dedicated legal framework has been introduced for Utility Model Patents (UMPs)—an important development for inventors, SMEs, and product developers seeking low-cost, short-term protection for technical innovations. Sections 42 and 43 of the Act define what qualifies for protection, what is excluded, and the procedure to obtain and maintain a utility model patent.
🔍 What is a Utility Model Patent? (Section 42)
According to Section 42(1):
A Utility Model Patent (UMP) is a special type of patent right granted by the government for an invention involving improvements in the shape, structure, or configuration of a product or device that:
- Is suitable for industrial use,
- Reflects technical advancement, and
- Was not previously protected under standard patent rights.
This type of protection is particularly beneficial for incremental innovations, especially in mechanical or structural improvements of products or tools.
❌ What Cannot Be Protected as a Utility Model?
Section 42(2) lists specific exclusions from UMP protection:
| Not Eligible for UMP | Description |
|---|---|
| Devices involving processes or methods | Processes, techniques, or workflows are not eligible. |
| Discoveries or scientific theories | Abstract findings or natural laws. |
| Computer programs | Independent software without hardware integration. |
| Biotech, Microbiology, or Pharma inventions | If excluded under other sections of the Act. |
| Morally or socially harmful inventions | Inventions that harm public health, order, or morality. |
| Liquids or formless materials | For example, powders or chemical compounds not having fixed structures. |
| Known products with new use only | Simply repurposing a known item is not sufficient. |
| Biological materials or plant/animal species | Including seeds or microorganisms found naturally. |
| Mere assemblies or duplications | Combining known parts or copying designs without novelty. |
📑 Filing a Utility Model Patent (Section 43)
✅ Who Can Apply?
- Any individual or entity may apply for a Utility Model Patent in Bangladesh.
✅ How to Apply:
- Must use the prescribed form and submit:
- Clear claims
- Concise description
- Technical drawings (if needed)
✅ Publication:
- Once the application is compliant, it will be published on the official website or through standard channels.
✅ Priority Claim:
- Applicants can claim priority date if based on an earlier application (domestic or foreign).
🧪 Examination Process
Section 43(6) specifies that:
- Applications will be examined to ensure:
- Novelty
- Industrial applicability
- Compliance with relevant laws and rules
- If issues are found, applicants may:
- Amend the application
- Respond to official objections
- The Director General may approve or reject the application based on the examination report.
⚖️ Opposition to UMP Registration
Section 43(7) allows third parties to oppose the grant of a UMP by submitting:
- Sufficient evidence and reasons
- If opposition is serious, the Director General may arrange a hearing before making a decision.
📅 Term of Protection
- A Utility Model Patent in Bangladesh is valid for 8 years from the date of filing or priority, subject to renewal.
- This offers a shorter but faster alternative to standard patent protection.
📌 Summary Table
| Feature | Utility Model Patent (UMP) |
|---|---|
| Targeted for | Simple and incremental inventions |
| Examined? | Yes, but process is simpler than full patents |
| Validity Period | 8 years (renewable) |
| Can be opposed? | Yes, third parties may challenge before grant |
| Exclusions | Processes, computer programs, pharma, biotech, natural finds |
| Advantage | Faster and cost-effective protection |
💡 Practical Example
An inventor develops a new ergonomic handle for a standard water tap that improves user grip and safety. While it may not qualify as a full patent due to lack of a groundbreaking invention, it could be protected as a Utility Model, offering a commercial edge and preventing others from copying the design.
🚀 Final Thoughts
The inclusion of Utility Model Patents in the 2023 law opens a new avenue of protection for inventors and businesses looking for faster and simpler IP rights. It especially benefits:
- Small and medium enterprises (SMEs)
- Hardware innovators
- Product designers and engineers
📩 Need help filing a Utility Model Patent in Bangladesh?
SUPREMEiP Law Firm specializes in patent protection—from strategy and drafting to opposition and enforcement.
📍 121 Motijheel C/A (1st Floor), Dhaka-1000
📞 +8801613336333
📧 info@supremeip.com | ip365bd@gmail.com
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