PATENT Filing-Registration in Bangladesh (Cost & Procedure)

Bangladesh is member of Paris Convention, therefore, it is possible to file Patent Application with conventional priority in Bangladesh with priority claims. Bangladesh is not member of PCT therefore filing national phase is not possible, and if 12 months deadline is over,  it is possible to file an application without priority claim. The total term of Patent is 16 years in Bangladesh.

As per Section 3 of the Patent & Design Act, 1911, an application for a patent can be made by any citizen of Bangladesh or foreign national, by himself or jointly and such application shall be made in prescribed forms to the Department of Patents, Designs and Trademarks (DPDT). The application made by the inventor shall consist of a declaration that the applicant is in possession of the said invention. In case of a joint application, one of the applicants, who claims to be the bona fide and first inventor, or its legal representative or assign of such inventor must annex complete specification to the application.

Under the act, the Department of Patents, Design and Trademark (DPDT) provides patent protection (registration) to the patent holders for 16 years on payment of prescribed fees. Duration of protection may be renewed for a further period. A patent confers on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and of authorizing others to do so. Under this act, the Department of Patents, Design and Trademark (DPDT) provides patent protection (registration) to the patent holders for 16 years on payment of prescribed fees. Duration of protection may be renewed for a further period. A patent confers on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and of authorizing others to do so.


What is the registration process of a Patent in Bangladesh?

Stage-1: Application filing 

Patent application in Bangladesh can be filed in two categories:

(1) Ordinary Applications without claiming priority

(2) Convention Application with claiming priority (within 12 months from the date of an application made in a convention country)

 

Stage-2: Substantive and Formality Examination 

 

Formality Examination:

The submitted applications are considered Formality Examination according to the provisions of the Act [Sec-3] for Complete and Provisional Application [Sec-4-4A]

 

Substantive Examination:

The submitted applications are considered for substantive examination according to the provisions of the Act [Sec-5]. In Bangladesh, an examination of a patent application is carried out automatically without a formal request being made.

 

Time Frame

The first examination report is generally issued within 18 months of the filing date of application in Bangladesh

 

 

If Objection

(Written Argument/Hearing/Amendment)

 

Step-1: Notification to Comply the Official Requirements

After competition of Formality and Substantive Examination, if any requirements need to fulfilment, the Registrar shall notify the applicant Comply with the Official Requirements.

 

Step-2: Filing Written Argument/Amendment

If any official action raised by the Registrar, a written response has to be submitted within the prescribed period of time. Cost for the written response;

 

Stage-3: Process for publication and opposition 

 

Step-1: Notice of Acceptance to the Applicant:

The patent office issues an acceptance letter for advertisement within 18 months of the filing date of application.

 

Step-2: Advertisement:

Then the patent application shall be advertised for public inspection /opposition

 

Step-3: Pre-grant Opposition:

Within four months from the date of advertisement, any person may give notice of opposition on limited grounds.

 

Time Frame:

Acceptance & Publication: 18 to 21 months from the date of application filing.

Opposition: 4 months from the date of advertisement of the acceptance.

 

Stage-4: Process for Latter of patent (LP)

 

Step-1: Process for Letters Patent [LP]:

Where no opposition is received or the opposition is determined in favor of the Applicant, the Registrar is obliged to issue Letters Patent [LP]

 

Step-2: Payment of Sealing Fee

 

Step-3: Issuance of Letters Patent/Grant of Patent:

If there is no opposition or in case of opposition, if the determination is in favor of the applicant of a patent, and if the applicant desires a patent to be sealed, he/she shall file his/her request on Form 8 with prescribed fee in accordance with Rule 23 of the Patents & Designs Rules, 1933 within 24 months or 28 months (as the case may be) from the date of filing.

 

Time Frame: 
In Bangladesh, it takes around 4 years approximately for a Patent to be granted

 

Stage-5: Annuity or Renewal 

 

The term for patents in Bangladesh is 16 years from the date of filing of the application for the patent. It is the responsibility of the patentee to maintain an issued patent by paying the annuities until the patent expires. After 16 years term the invention claimed in the patent falls into the public domain.

 

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Why patent registration is necessary?

By doing patent registration, an inventor will get a sole right to exclude others from making, using, or selling his invention.


Who can apply for a patent in Bangladesh?

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

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


What kinds of Inventions can be protected in Bangladesh?

An invention must, in general, fulfil the following conditions to be protected by a patent. It must be of practical use; it must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called prior art. The invention must show an inventive step that could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as patentable under law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are generally not patentable.


How is a Patent Granted in Bangladesh?

The first step in securing a patent is the filing of a patent application. The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. The application also contains various claims, that is, information which determines the extent of protection granted by the patent.


How many types of patent registration are there?

There are two types of application for patent registration.
One is Ordinary application. This application filed in Bangladesh Patent Office and it did not claim any priorities.
Another one is Convention application which claims single or multiple priorities from an application made in convention country but it has to be made within 12 months of the application that was made in convention country.


What are the requirements of patent registration in Bangladesh?

  1. The application must contain an invention
  2. The applicant must be in possession of that invention.
  3. The applicant must be the first inventor or the legal representative or assign of such inventor.
  4. Where the true and first inventor is not the applicant, the application must contain a statement of his name, and such particulars for his identification and the applicant must show that the applicant is the legal representative or assign of such inventor. 
  5. Three copies of the Patent specification and claims in the English language
  6. Three copies/sets of drawing (if any)  one copy/set of which should be printed on tracing paper or cloth as formal drawings.
  7. Complete details regarding the applicant(s) and inventor(s) (names, nationality and address);
  8. Duly executed Power of Authority for the Agent;
  9. A certified copy of the priority document (if any). If the document is in a language other than English, a verified English translation of the same is also required to be filed at the Bangladesh Patent Office.
  10. Language: All the details and other formal documents must be filed in English.


Guidelines for drawings of patent application

  1. A4 size tracing paper
  2. Name and number of the drawings should be referred to the description of the complete specification.
  3. Drawing sheets must have 1 margin each side.
  4. Applicants name and application number should be mentioned in the left top corner of the drawing sheets.
  5. Each sheet of the drawings should be signed in the right bottom of each sheet by the applicant or the agent of the applicant


Advertisement on acceptance of application

On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertise the acceptance; and the application and specifications with the drawings (if any) shall be open to public inspection.


Patent Opposition in Bangladesh

1) Any person may, on payment of the prescribed fee, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the Department of Patents, Designs and Trade Marks of opposition to the grant of the patent on any of the following grounds, namely:-
(a) that the applicant obtained the invention from him, or from a person of whom he is the legal representative or assign; or
(b) that the invention has been claimed in any specification filed in Bangladesh which is or will be of prior date to the patent, the grant of which is opposed; or
c) that the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the specifications; or
(d) that the invention has been publicly used in any part of Bangladesh or has been made publicly known in any part of Bangladesh; or
(e) that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention either froms the subject of an application made by the opponent for a patent which if granted would bear a date in the interval between the date of the application and the leaving of the complete specification, or has been made available to the public by publication in any document published in Bangladesh in that interval; but on no other ground.

(2) Where such notice is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those four months, after hearing the applicant and the opponent, if desirous of being heard, decide on the case.

(3) The decision of the Registrar shall be subject to appeal to the Government.


Provisional Protection

An invention may, during the period between the date of an application for a patent therefor and the date of sealing a patent on that application, be used and published without prejudice to that patent, and such protection from the consequences of use and publication is in this Act referred to as provisional protection. In this section, the expression date of an application for a patent means, as respects an application which is post-dated or ante-dated under this Act, the date to which the application is so post-dated or ante-dated, and means, as respects any other application, the date on which it is actually made.


Date of Patent

Except as otherwise expressly provided by this Act, a patent shall be dated and sealed as of the date of the application: 
Provided that no proceedings shall be taken in respect of an infringement committed before the advertisement of the acceptance of the application.


Timeline to get accepted of a Patent in Bangladesh

Unless an application is accepted within eighteen months from the date of the application, the application shall (except where an appeal has been lodged) be deemed to have been refused: 
Provided that where, before, or within three months after, the expiration of the said period of eighteen months, a request is made to the Registrar for an extension of time, the application shall, on payment of the prescribed fee, be continued for any period so requested not exceeding in all three months from the expiration of the said period of eighteen months.


Time Period for Patent Registration

  1. Original Certified Copy of priority document must be filed within 3 months of filing of Priority Patent Application in Bangladesh.
  2. The applicant will get notification of acceptance within 18 to 21 months after filing the patent application in Bangladesh.
  3. After getting the notice of acceptance from DPDT, the patent application will be advertised or public inspection for 4 months.
  4. If there is no opposition, the sealing fee has to be paid within 24 to 28 months.
  5. DPDT provides patent protection to the patent holders for 16 years on payment for prescribed fees. This may be renewed for further period.
Contact Person
J.A. Chaudhury Reagan

Advocate, Supreme Court of Bangladesh
+8801613336333
+8801711970318
info@supremeip.com
advreagan@gmail.com
WeChat ID: SUPREMEiP

Contact Person
J.A. Chaudhury Reagan

Advocate, Supreme Court of Bangladesh
+8801613336333
+8801711970318
info@supremeip.com
advreagan@gmail.com
WeChat ID: SUPREMEiP