The Patent licensing in Bangladesh is governed by The Patents and Designs Act enacted in 1911 during the British colonial age, mainly based on the principles laid down in the 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) protect 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 fulfill the following:
It is possible to file a Patent Application with conventional priority as Bangladesh is a member of the Paris Convention. In Bangladesh, filing at the national phase is not possible as Bangladesh is not a member of PCT and it is possible to file an application without a priority claim even if the 12 months deadline is over.
|Relevant Office||Department of Patents, Designs, and Trademarks (DPDT), Ministry of Industries, Dhaka|
|Law in Force||Patents & Designs Act 1911 & Patents & Designs Rules 1933|
|PCT Contracting State||NO|
|Document(s) required for filing a patent application||
|Registration Term||16 years from the date of registration|
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.
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.
A 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.
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 a 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 at the request of the applicant(s). Under such circumstances, the same renewal fee must be paid as if the patent has been originally granted as an independent patent.
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: