PATENT REGISTRATION IN BHUTAN
A patent is an exclusive right granted for an invention. It may be a product or a process that provides a new way of doing something. It offers innovative and technical solutions to problems. A patent is generally granted for a limited period of 20 years. Any person either jointly or alone can file for the registration of a Patent in Bhutan. No one other than the owner can manufacture or sell the invention of the Patent owner without permission.
The application for a patent is to be submitted at the front office of the Patent Registry, Bhutan.
The application for a patent registration must contain:
· A request for the grant of Patent on Form PT-1.
· The Patent application must include a description, claim or claims, drawing or drawings, an abstract.
· Payment of required fees at the Regional Trade and Industry Office (RTIO), Thimpu. A copy of the receipt of payment should be submitted to the Patent office.
Examination of Application
The Examiner thereafter examines the contents of the application. The examination process can be divided into two parts:
· Formal Examination– The examiner checks if the application contains a request, a title, claims, drawings and an abstract and priority where applicable. The examiner also checks if the requisite fees have been paid or not.
· Substantive Examination: The office notifies the applicant to submit the request for a search and examination on Form PT-3A. The applicant also must submit the WIPO form within 10 days from such notification. If priority is claimed the application is not sent to WIPO for search and examination.
Grant and Publication
The notification PT-J is sent to the applicant stating the decision of the Office to grant the Patent. The applicant thereafter must submit Form PT-4 with Grant and Publication fees within 3 months from the date of receiving such notification. The office acknowledges the fee and publishes the Patent on the Ministry and Office website. The certificate of the grant of Patent is issued and signed by the Registrar. It includes:
· The number of the Patent.
· Name and address of the Patent owner.
· The filing date of the application and where applicable, the priority date.
· The date of grant of Patent.
· The Invention title.
Maintenance of Patent
A Patent expires after 20 years from the date of filing of the application. To keep a Patent alive, an annual fee is to be paid by or before the filing date, starting 1 year after the filing date. If the applicant fails to pay within this period, then an extra period of 6 months is given, provided the surcharge fee is paid. The request for maintenance is made by the applicant on Form PT-5.
