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PATENT FAQ

Basic Information

Patentable: Under Section 2 (8) the Act, an invention means any manner of new manufacture and includes improvement and an alleged invention.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
Paris Convention: YES
Registration Term: 16 years from the date of filing.
Priority: Allowed

Who can file a Patent application?
Who can file a Patent application?
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:1. The true and first inventor of the invention;
2. The assignee of a person claiming to be the true and first inventor;
3. The legal representative of any deceased person who immediately before his/her death was entitled to make such an application.
Foreign Applicaticant can file a Patent application?
Who can file a Patent application?
In case of foreigners’ application should be made through Bangladeshi local law
Firm and power of Attorney (in favour of the applicant) is to be submitted along with the application.
Filing Requirement
  • Three copies of the Patent specification and claims in the English language;
  • Three copies/sets of drawing (if any) – one copy/set of which should be printed on tracing paper or cloth as formal drawings.
  • Complete details regarding the applicant(s) and inventor(s)
  • Power of Authority for the Agent;
  • Certified copy of the priority (if any).
  • Language: All the details and other formal documents must be filed in English or a verified English translation of the same is required.
Application Formalities

The application should further contain claims (not needed to obtain a filing date) and an abstract (not needed to obtain a filing date). All documents should be in line with the physical requirements set by the Bangladesh Department of Patents, Designs & Trademarks.Department of Patent, Design and Trade Mark, Bangladesh has set a series of physical requirements for the documents that are filed by the applicant. The most important are:

  • Margins: left 2.5 cm, all others 2 cm;
  • Each fifth line should be numbered on the middle;
  • All pages should be numbered;
  • The claims should start on a new page;
  • The claims should contain the same reference numbers as used in the drawings;
  • All drawings should be numbered, indicating the total number of sheets (1 of 3, 2 of 3, etc).
  • If any of the documents filed by the applicant is not in line with these physical requirements, the Department of Patents, Designs & Trademarks, Bangladesh will send an invitation to provide corrected sheets.
Claming Priority

Priority can be claimed from applications filed in any country which is party to the Paris Convention. Alternatively, priority can be claimed from an application filed in a country that is part of the WTO.

The applicant has to produce an official copy of the foreign priority application before the end of 12 months after the earliest priority date.

Bangladesh allows multiple priority claims. Claiming internal priority is allowed.

How to Patent Granted?

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.

Term of Patent

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

PCT Application in Bangladesh

In case of claiming priority based on an application filed in any PCT countries, the applicant must submit the information of PCT application at the time of filing the national application and submit a certified copy of the specification of the foreign patent application within 90 days time from the date of filing in Bangladesh.

Opposition

Pre-grant opposition in Bangladesh As per Section 9 of the Act, at any time, 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.