Patent In Bangladesh

Basic Info

Trademarks Act, 1940 introducing machinery for registration and statutory protection was the first statutory law in Bangladesh relating to Trademark.

This act was replaced by the trademarks Act, 2009. It was  propagated to rectify and corroborate the law. Its related to trademarks and unfair competition, providing for the registration, better protection of trademarks, the prevention of the use of fraudulent marks and for matters subsidiary  thereto.

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Patent registration in Bangladesh Flowchart (whether no objection or opposition)

Patent in Bangladesh

Under the act, the Department of Patents, Design and Trademark (DPDT) provides patent protection (registration) to the patent holders for 16 years on prescribed fees. This duration may be extended or renewed for a further time being. A patent confers on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and authorize others to do so.

Compulsory licensing Of a Patent Registration in Bangladesh:

The application can be made within the same day.

Stage-1: Patent application filing in Bangladesh

An application for the grant of a patent can be filed in Bangladesh on prescribed fee at the Department of Patents, Designs and Trademarks.

 

Stage-2: Patent Examination in Bangladesh.

 

An examination of a patent application is carried out automatically without a formal request.

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

Stage-3: Process for Publication & Opposition

The patent office issues an acceptance letter for advertisement. This letter is generally issued within 18 months from the filing date of application.

In Bangladesh, it takes around 4 years approximately for a Patent to be granted.

Stage-4: Grant of Patent

Process for Letters Patent [LP], Payment of Sealing & Issuance of Letters Patent

Annuity is required for the fifth year,  before the expiry of the fourth year, up to the 15 years.

Annuity

Annuity fees can be paid yearly within 3 months from the expiry date of the year. It can also be paid for several years in advance.

 

Stage-1

Patent Application Filing in Bangladesh

Patent application in Bangladesh can be filed in two categories:

(1) Ordinary Applications

(2) Convention Application (claiming priority from a convention country)

Ordinary Patent Application

An ordinary patent application is filed with the Bangladesh Patent Office without claiming priority from any other application under process with any other Patent Office.

Convention Patent Application (Priority)

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

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 [Rules-11(4)] of filing of Patent Application in Bangladesh. Verified/ notorised English translation of the priority document if it is in any language other than English.

How to file a Provisional and Complete application in Bangladesh?

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. A complete specification must be filed within 9 months from the date of filing. The complete specification must particularly describe and govern the nature of the invention and the manner in which the same is to be performed.

How to file Patent of Addition in Bangladesh?

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. No renewal fee is required for the patent of addition and it expires along with the main patent. However, if the main patent is repealed then the patent of addition may be converted into an independent patent on request of the applicants. In this case, same renewal fee must be paid as if the patent has been originally granted as an independent patent.

 

Who can apply for patent registration 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.

(1) True and inventor of an invention;

(2) Assignee of a person claiming to be the true and inventor.

(3) Legal representative of any deceased person who immediately before his/her death was entitled to make such an application.

Filing requirements of a patent application in Bangladesh

Application Formalities

1) A forwarding letter addressed to the Registrar of the Department of Patents, Designs and Trademarks. In case of foreigners’ application should be made through Bangladeshi local Law Firm.

2) Duly filed in prescribed form (Name, address and nationality of the Applicants and inventors.

3) Prescribed official fee.

4) Complete specification two sets (in Form 3A) in English (comprising description, claims, abstract and formal drawings, if any).

5) One set of drawing sheets (if any) in tracing paper with duplicate in photocopy.

6) Endorsement/ Assignment Document by Inventors in favour of Applicant, where Applicant is not the sole inventor.

7) Original POA (Power of Authority by Applicant) Original copy of POA must be filed within 1 months of filing of Patent Application in Bangladesh.

8) Priority: In case of priority application, the priority documents should be submitted within 12 months from the date of first filing as provided by the Paris Convention.

Filing Cost

Ordinary Paten Application

1) Official Fee: $36 with included

2) POA: $15

3) Additional Cost: $1.4 per pages beyond 25 pages of the specification, and $ 1.4 per claim beyond 10 claims.

4) Attorney Fee

Convention Patent Application

1) Official Fee: $144 VAT included

2) POA: $15

3) Additional Cost: $1.4 per pages beyond 25 pages of the specification, and $ 1.4 per claim beyond 10 claims.

4) Attorney Fee.

Timeline

The application can be made within the same day.

Stage-2

Patent Examination in Bangladesh

As per section 5 of the Patents & Designs Act 1911, the Registrar shall refer to an examiner every application in respect of which a complete specification has been filed for making him a report in regard to the patentability of the invention and whether other requirements of the Act and rules has been complied with.

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].

Examine Prosecution of a Patent in Bangladesh:

Normally all the objections must be met at least one month before the normal date of acceptance of the application. If the applicant does not comply with the objection, the application will be abandoned. By fulfilling all the requirements, the application is accepted and published in the Official Gazette.

Notification to Comply the Official Requirements:

After competition of formality and substantive examination, if any requirements need to fulfil, the registrar shall notify the applicant to comply with the Official Requirements.

Filing Written Argument/Amendment

If any official action is raised by the registrar, a written application has to be submitted within the prescribed period of time.

Decision making process for Opposition/Objection/Office Action:

If Written Argument/Amendments Satisfied then Response Accepted [Sec-67, Rule-64],

If Not Satisfied Then

Step-1: Fix up Date of Hearing.

If Not Satisfied Then

Step-2: Decision Finalization.

If Not Satisfied Then

  1. Case-1: Accepted Not Satisfied Then
  2. Case-2: Not Accepted
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Cost

Cost will be depended on taking steps.

Time Frame

The first examination report is generally issued within 18 months from the filling date.

Stage-3

Process for Publication & Opposition:

Step-1: Notice of Acceptance to the Applicant

The patent office issues an acceptance letter for advertisement.

Step-2: Advertisement

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

Step-3: Pre-grant Opposition

As per Section-9 of the act within four months from the date of advertisement of the acceptance of a complete specification, any person may give notice of opposition to the grant of patent to the registrar on limited grounds.

Pre-grant Patent opposition in Bangladesh:

In Bangladesh patent law, the pre‐grant objection is limited by two conditions. The first is that the objection must be made within four months and the second is that the objection can only be based on the statutory grounds provided by section 9(1) of the act.

Filing written opposition notice and counterstatement:

If any opposition action raised by any person, a written reply has to be submitted within the prescribed period of time by the patent applicant.

Decision-making process

Step-1: Fix up Date of Hearing

Step-2: Decision Finalization

In case of Decision of Refusal [Sec-5(4)], May Appeal to the Government [Sec-5(2)]

Cost

Opposition Cost: Depending on the Legal steps, approx $500 to $800

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 Letters Patent [LP], Payment of Sealing & Issuance of Letters Patent

Step-1: Process for Letters Patent [LP]

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

Step-2: Payment of Sealing Fee

It must pay the Sealing fee, which is around $55

(Within 24+3 or 28+3 months) [Sec-10(2)]

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

If there is no opposition or in case of opposition, if the determination is in favour 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.

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Term for patents in Bangladesh

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 of term the invention claimed in the patent falls into the public domain.

Cost

Sealing fee for Publication: Official fee $55

Time Frame

In Bangladesh, it takes around 4 years approximately for a Patent to be granted.

Annuity or renewal of a patent in Bangladesh:

Term for patents in Bangladesh

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  of term, the invention claimed in the patent falls into the public domain.

When Annuity (Renewal) is required?

The term-limited in every patent for the duration thereof is sixteen years from its date of application or the date of the priority application. A grace period is 90 days with late fees. In case of priority, the commencement of four years shall start from the date of the priority application.

The Patents and  Designs Act 1911

whereas it is condign to amend the law relating to the protection of inventions and designs; It is hereby enacted as follows:-

 

Development of patent law in Bangladesh:

The Patents and Designs Act, 1911, is the law in force in Bangladesh on patents and designs which was enacted in 1911 during the British colonial age along with other provinces of Indian sub‐continent, mainly on the basis of the principles laid down in the British Statute of Monopolies, Patents, Design and Trade Marks Act, 1883 and Patents and Designs Act, 1907. The laws relating to patents and designs have therefore been consolidated in a single enactment in Bangladesh, namely, the Patents and Designs Act, 1911. The Act is divided into three parts. In part I laws relating to patents, in part II laws relating to designs and in part III general provisions have been included. In some countries, two separate acts prevail for patents and designs respectively. In India, a separate Patents Act was enacted in 1970 and the provisions relating to designs continue to be governed by the provisions of the Patents and Designs Act, 1911, and for the purpose suitable amendments by way of omission, addition, substitution etc. were made in the Patents and Designs Act, 1911, by the Patents Act, 1970 (Act 39 of 1970).

The law commission report in 2003 opined that it would be convenient to keep the provisions relating to both patents and designs in one enactment as in the present Act.

Patents and Designs Rules 1933

(As amended up to the 15th June 1946.)

Patents and Design Rules 1933.

Notification No. A197, dated the 2nd February 1933. – In exercise of the powers conferred by sub-section (1) of section 57 and sub-section (1) of section 77 of the Patents and Designs Act, 1911 (II of 1911), the Central Government is pleased to make the following rules, the same having been previously published as 2 required by sub-section (2) of the last named section.

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