IP Practice in Bangladesh

The Patents licensing in Bangladesh are governed by The Patents and Designs Act enacted in 1911 during the British colonial age, mainly based on the principles laid down in British Statute of Monopolies, Patents, Design and Trade Marks Act, 1883 and the Patents and Designs Act, 1907. The laws regulating the patents and designs are, therefore, consolidated in a single enactment, namely, the Patents and Designs Act, 1911. The statute consists of three parts: Part I relates to Patent laws; Part II relates to Design laws, and Part II includes general provisions.

The Department of Patents, Designs and Trademark (DPT) protects the rights of patent holders for 16 years on payment of a prescribed sum of money. This duration of patent protection can be renewed further. The patent holder has a right to the exclusive privilege of making, selling and using the invention throughout Bangladesh, the patent holders can authorize others as well to do the same. For getting a patent, an innovation needs to fulfil the following:

  • Have a practical existence
  • Be novel, useful, and non-obvious
  • Not be contrary to morality or law

It is possible to file a Patent Application with conventional priority as Bangladesh is a member of the Paris Convention. In Bangladesh, filing at national phase is not possible as Bangladesh is not a member of PCT and it is possible to file an application without priority claim even if the 12 months deadline is over.

Relevant OfficeDepartment of Patents, Designs and Trademarks (DPDT), Ministry of Industries, Dhaka
Law in ForcePatents & Designs Act 1911 & Patents & Designs Rules 1933
PCT Contracting StateNO
Paris ConventionYES
Document(s) required for filing patent application
  • Three copies/sets of drawing (if any) – one copy/set as formal drawings

  • Duly executed Power of Authority for the Agent

  • A certified copy of the priority document (if any)

  • Filing of Patent Application

  • Preliminary Examination of Patent Application

Prosecution Process
  • Acceptance and Publication of Patent Application within 18 months

  • Opposition (4 months from date of Publication)

  • Sealing and Grant of Patent

Registration Term16 years from the date of registration
Types of Patent Applications

a) Ordinary Application
An ordinary patent application is an application that is filed with the Bangladesh Patent Office without claiming priority from any other application under process with any other Patent Office.

b) Provisional and Complete Application
A provisional specification is often the first application to be filed in respect of an invention. It usually contains only a brief description of the invention and need not contain claims. However, a complete specification must be filed within 9 months from the date of filing of the provisional specification. The complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed.

c) Convention Application
Convention application is an application that is made in Bangladesh within twelve months after the date of an application made in a convention country, whether claiming single or multiple priorities from such application.

d) Patents of addition
In accordance with Section 15A of the Patents & design Act 1911, a patent of addition is a mere improvement or modification of an already filed invention. An application of patent of addition is not granted before the main invention. No renewal fee is required to be paid for the patent of addition and it expires along with the main invention/patent. However, if the main patent is revoked, then the patent of addition may be converted into an independent patent on request of the applicant(s). Under such circumstances, same renewal fee must be paid as if the patent has been originally granted as an independent patent.

Who can apply for a Patent Application?

In accordance with Section 3 of Patent & Design Act, 1911, an application can be made by any of the following persons, either alone or jointly with any other person, whether he/she is a citizen of Bangladesh or not, provided that he/she is:

  • True and first inventor of an invention;
  • An assignee is a person claiming to be the true and inventor;
  • The legal representative of any deceased person who immediately before his/her death was entitled to make such an application.
Patent Application Requisite Information
  1. Name, address and nationality of the Applicant (s) and inventor (s)
  2. Complete Specification in English (comprising description, claims, abstract and format drawings, if any)
  3. Assignment Document in favour of Applicant by the Inventors (where Applicant is not the sole inventor)
  4. Power of Authority by Applicant
  5. Priority details (including Patent Application number, date and country of origin) where priority is claimed. Certified copy of priority document must be filed within 3 months of the filing of Patent Application in Bangladesh
  6. Verified notarized English translation of the priority document if the priority document is in any language other than English.