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Flowchart of Procedure for Registration of a Patent in Bangladesh if there is no objection (office action)

Stage-01: FILING

An application for the grant of a patent can be filed in Bangladesh along with the prescribed fee at the Department of Patents, Designs, and Trademarks.The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification.

Filing Cost:
Option A: Without Priority Claim Official fee with VAT and POA $ 84+ Attorney fee + Others
Option B: With Priority Claim Official fee with VAT and POA $ 199+ Attorney fee + Others

Timeline: 3 Working days

Stage-02: Substantive Examination

The submitted applications are considered for substantive examination according to the provisions of the Act.In Bangladesh, an examination of a patent application is carried out automatically without a formal request being made. 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 have been complied with.

 

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

Stage-03: Office action response

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. Upon complying the requirements, the application is accepted and published in the Official Gazette.

Stage-04: Acceptance, Advertisement &Pre-grant Opposition

Acceptance letter: On the acceptance of the patent application, the patent office issue an acceptance letter for advertisement. This letter is generally issued within 18 months of the filing date of application.

Sealing Fee & Advertisement: After depositing the sealing fee (equivalent to USD 55) the patent application shall be advertised for public inspection/opposition.

 

Pre-grant Opposition: 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.

 

Fee: Sealing fee with VAT: USD 55 +Attorney fee + Others
Timeline: 18  to 21 months from the date of application filing.

Stage-05: Grant (Letter 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.

Stage-06: Annuity/Renewal & term of Patent

The term of Patent: The term for patents in Bangladesh is 16 years from the date of filing of the application for the patent the date of the priority application.

Annuity/Renewal: 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. Renewal is required for the fifth year before the expiry of the fourth year. 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.