Patent
Patent in Bangladesh
An application for the registration of a patent in Bangladesh can be filed, in a prescribed form, by anyone along or jointly with other(s). It can be filed by a Bangladeshi national and foreigner alike. The applicant(s) must declare that at least one of them is in possession of the invention and is the true and first inventor or the legal representative or the assign of the inventor. The application for registration of a patent in Bangladesh must include a set of complete specifications.
Patent Registration in Bangladesh
The Department of Patents, Design, and Trademark (DPDT) is the competent authority for registration. DPDT gives protection for a term of 16 (sixteen upon payment of the required fees. A patent application in Bangladesh is made in a prescribed form. Upon payment of the required payment term of the patent protection may be renewed.
A patentee shall have the exclusive privilege of making, selling, and using the invention all over Bangladesh. The patentee can also authorise or transfer all or any of his rights to other(s).
Provisional Application
The provisional specification may be filed for registration of a patent in Bangladesh, usually, containing only a brief description of the invention on condition that a complete specification to be in 6 months from the date of filing of the provisional application. A provisional application need not contain the claims.
The complete specification must describe and ascertain in detail the nature of the invention and the manner how it will work or perform.
Filing requirements of a patent application in Bangladesh: Checklist
1. Forwarding letter
2. Prescribed form
3. Payment document
4. Complete Specification
5. Drawing sheets, if any
6. Endorsement/Assignment, when applicable
7. Power of authority
8. Priority document, when applicable
Details about the Application Formalities.
1. Forwarding Letter: Addressed to the Registrar of the Department of Patents, Designs, and Trademarks (DPDT).
2. Application: A prescribed from with
a. Name
b. Complete address and
c. nationality
Both of the applicant(s) and inventor(s)
1. Document(s) confirming the payment of the prescribed government/official fee with the required VAT.
2. Specifications (Form 3A): Two sets of complete specifications in English.
Comprising of the
1. Description
2. Claims and
3. Abstract and formal drawings, if any.
1. One set of drawing sheets (if any) in tracing paper with duplicate in photocopy.
2. Assignment: The inventor(s) must endorse an application when the applicant is not the inventor(s) or the sole inventor.
3. The original Power of Authority by Applicant must be filed within 1 month of the filing of Patent Application in Bangladesh.
4. Priority: The priority documents should be submitted along with the application or within 12 months from the date of the first filing as provided by the Paris Convention.
Priority Details:
Must clearly show:
1. Patent Application number
2. Date when the application was filed and
3. The country of origin where priority is claimed.
Rules 11(4): Certified Copy
Certified copy of the priority document must be filed within 3 months from the date of filing the Patent Application in Bangladesh.
Note
* All documents must be in English
* If any document is in any language other than English the original document and English transcript must be verified/ notarised.
Stages and Steps to be taken
Stage 1: Filing of the patent application following the prescribe requirements
Stage 2: Examination of the application
Stage 3: Publication and Opposition, if any filed
Stage 4: Issuance of Letters Patent
Inventions that can be protected in Bangladesh
In general an invention, to be protected by a patent, must fulfill the following conditions:
1. It must be of practical use;
2. 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“.
3. The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field.
4. Finally, its subject matter must be accepted as “patentable“ under law.
PCT
Even though Bangladesh is not a signatory to the PCT an application claiming priority can be filed provided that certified copy of the PCT application is filed with 90 days of filing the application in Bangladesh. It must include Patent Application No. date of filing in the PCT Country and country of origin.
Checklist
1. Certified copy of the patent application in the PCT Country within 90 days of filing in Bangladesh.
2. The document must be verified/notarised
3. An English transcript of the original document(s) must also accompany when it is in any language other than Bangla or English. All documents must be verified or notarize
Term of patent protection
The Patent of invention lasts for 16 years in Bangladesh.
Annuity for renewal
The term-limited in every patent for the duration thereof is 16 years from the date of the application.
Renewal is required for the fifth year to be filed before the expiry of the fourth year up to 15 years. A grace period is 90 days is allowed with late fees.
Annuity fees may be paid yearly or for several years in advance.
Timeline
The examination process in Bangladesh may take approximately 18 months, from the date of an application.
It may take a minimum of 12 months from the date of acceptance after the examination.
In Bangladesh, it takes around 4 years approximately for a Patent to be granted.
Opposition
Section 9
Anytime within 4 months from the date of advertisement of the acceptance of complete specification an opposition against a Patent application in Bangladesh can be raised at the pre-grant stage.
Anyone can raise opposition against a Patent application in Bangladesh against the grant of Patent on very limited grounds.
The Patent and Design Rules, 1933 (as amended up to 15th June 1946) deals with the mechanism of Patent protection in Bangladesh.
Utility Model Protection isn’t available under Patent Law in Bangladesh.
Any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability can be patented in Bangladesh.
Patent of Addition
Section 15A of the Patents & design Act 1911
An applicant for this purpose can be file merely to improve or modify a pending application. It is granted with the main patent and no separate renewal is required. However, if the main patent is revoked for some reason it can be converted into an independent patent, and renewal fees must be paid accordingly.
- Patent Registration in Bangladesh
- Provisional Application
- Filing requirements of a patent application in Bangladesh: Checklist
- Details about the application formalities.
- Inventions that can be protected in Bangladesh
- PCT
- Term of Patent Protection
- Timeline
- Opposition
- Patent of Addition
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