IP PRACTICE IN BANGLADESH

Patent rights are granted in Bangladesh as per the Patent & Design Act, 1911 and Patents & Designs Rules 1933. 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:

  • True and inventor of an invention;
  • Assignee of a person claiming to be the true and inventor;
  • Legal representative of any deceased person who immediately before his/her death was entitled to make such an application.

 

What Is Patentable In Bangladesh?

Under Section 2 (8) the Act, an invention means any manner of new manufacture and includes an improvement and an alleged invention.

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 Patents In Bangladesh

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.

Provisional and Complete Applications : 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.

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.

Patent 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.A application of patent of addition is not granted a patent 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.