Patent Registration in Bangladesh

Registering a patent in Bangladesh is a multi-step process governed by the Bangladesh Patent Act, 2023, which came into force on February 27, 2025. The Department of Patents, Designs and Trademarks (DPDT), under the Ministry of Industries, is the primary government body responsible for patent registration. The administrative head of the DPDT is the Director General.

Here is a step-by-step guide on registering a parent in Bangladesh:

Phase 1: Preparing and Filing the Application

• Step 1: Determine Patentability and Applicant Eligibility

  • Who can apply:
    • The true and first inventor, either individually or jointly with others.
    • The assignee or legal representative of the true and first inventor.
    • In cases where an invention is made by an employee under a contract specifically for invention, the patent rights generally belong to the employer, unless the contract states otherwise.
  • What can be patented: The invention must be new (novelty), involve an inventive step (non-obviousness), and be capable of industrial application. The Patent Act, 2023, also provides for Utility Model Patents, which typically have less stringent requirements than standard patents and a shorter protection term.

• Step 2: Prepare the Patent Application

  • Types of Application:
    • Provisional Specification: If you need to secure a filing date but are not yet ready with the full details, you can file an application with a provisional specification. This provides a brief description of the invention.
    • Complete Specification: A complete specification must be filed within 12 months from the date of filing the provisional specification. Failure to do so may lead to the abandonment of the application.
  • Contents of the Complete Specification:
    • Title of the invention.
    • Detailed description of the invention: This should clearly describe the invention, its operation or use, and the method by which it is to be performed. It must include the best method known to the applicant for performing the invention.
    • Claim(s): These define the scope of the legal protection sought. Claims must be clear, concise, and supported by the description.
    • Abstract: A brief summary of the technical disclosure (often limited to around 300 words).
    • Drawings (if any): Necessary for understanding the invention. These should be prepared as per prescribed DPDT guidelines.
    • Disclosure of Prior Art: Applicants must disclose all relevant prior art known to them that is necessary for determining patentability.
    • Microorganisms: If the invention involves a new microorganism or the use of a publicly unavailable microorganism, a sample may need to be deposited in an internationally recognized depository authority, and a certificate of deposit submitted.
    • Forms: Use the prescribed application forms available from the DPDT.
    • Forwarding Letter: Addressed to the Director General, DPDT.
    • Applicant and Inventor Details: Full names, addresses, and nationalities.
    • Power of Attorney: If an agent is appointed (Form-31 was a common form; verify current requirements).
    • Priority Document: If claiming priority from an earlier foreign application (under the Paris Convention), a certified copy of the priority application must be submitted, usually within a specified timeframe (e.g., 3 months from the Bangladesh filing date). If not in English, a certified English translation is required.
    • Inventor’s Endorsement/Assignment: If the applicant is not the inventor, proof of their right to apply (e.g., assignment deed).

• Step 3: File the Application with DPDT

  • Submit the complete application package (forms, specification, drawings, fees, etc.) to the DPDT office in Dhaka.
  • Pay the prescribed application fees. Fees vary based on the type of application (ordinary, priority claim) and the number of pages/claims. Check the DPDT website for the current fee schedule.

Phase 2: Examination and Publication

• Step 4: Formalities Check

  • The DPDT will conduct a formalities check to ensure the application complies with administrative and procedural requirements. If there are deficiencies, the applicant will be notified and given a period to rectify them. Failure to comply can lead to the application being abandoned.

• Step 5: First Publication (Pre-grant Publication)

  • The application will be published for public inspection usually 18 months after the filing date or priority date, whichever is earlier.
  • The applicant can request earlier publication by paying a prescribed fee.
  • A publication fee is required for this pre-grant publication.

• Step 6: First Opposition (Pre-grant Opposition)

  • After the first publication, any interested third party can file an opposition to the grant of the patent.
  • The period for filing a pre-grant opposition is 6 months from publication. The grounds for opposition are typically based on lack of novelty, inventive step, non-patentable subject matter, etc.

• Step 7: Request for Examination

  • The applicant must file a request for substantive examination of the patent application within 36 months from the filing date or priority date. This deadline can reportedly be extended by three months if necessary.
  • The prescribed examination fee must be paid.
  • Failure to request examination within the stipulated time will result in the application being deemed abandoned.

• Step 8: Substantive Examination

  • A DPDT examiner will assess the invention for patentability criteria:
    • Novelty: Is the invention new compared to prior art worldwide?
    • Inventive Step (Non-Obviousness): Is the invention not obvious to a person skilled in the relevant technical field?
    • Industrial Applicability: Can the invention be made or used in any kind of industry?
  • The examiner will also check compliance with other provisions of the Patent Act, 2023.
  • The DPDT may require the applicant to submit information regarding corresponding foreign applications and their status (e.g., search reports, granted patents, or notices of rejection/abandonment from other patent offices), typically within 90 days of the Registrar’s demand.
  • The examiner may raise objections or seek clarifications. The applicant will be given an opportunity to respond, amend the application (e.g., claims), or attend a hearing.

Phase 3: Grant, Post-grant Procedures, and Renewal

• Step 9: Decision: Grant or Rejection

  • If the examiner is satisfied that the application meets all requirements, the patent will proceed to grant.
  • If the objections are not overcome, the application will be rejected. The applicant will be notified in writing of the decision, usually within 30 days of the decision.

• Step 10: Second Publication (Post-grant Publication)

  • If the patent is granted, it will be published on the DPDT’s official website or through a notification.

• Step 11: Second Opposition (Post-grant Opposition)

  • After the grant and second publication, there is another window for interested parties to file an opposition to the patent.
  • The timeframe for this post-grant opposition is 24 months after grant.

• Step 12: Sealing of Patent

  • If no opposition is filed, or if any opposition is successfully overcome by the applicant, the patent will be sealed upon payment of the prescribed sealing fee.
  • The Letters Patent (Patent Certificate) is then issued.

• Step 13: Term and Renewal of Patent

  • Term: The term of a patent under the Patent Act, 2023, is 20 years from the date of filing the application (or the priority date, if applicable).
  • Renewal Fees (Annuities): To keep the patent in force, renewal fees must be paid.
    • Annual fees are applicable from the date of the patent application.
    • There is a prescribed period of 3 months for paying the annual fees. Failure to pay renewal fees on time can cause the patent to lapse.
  • Restoration: Applications for the restoration of a lapsed patent (due to non-payment of renewal fees) must generally be made within 2 years from the date the fee was due, subject to conditions and fees.

Timeline Considerations (General Estimates - Subject to DPDT Workload):

• Provisional to Complete Specification: Within 12 months.
• First Publication: 18 months from filing/priority.
• Request for Examination: Within 36 months from filing/priority.
• Overall Grant Time: Estimates suggested around 4 - 6 years, the actual time can vary significantly depending on the complexity of the invention, examination backlog at DPDT, and whether oppositions are filed.

Key Changes and Points under Patent Act, 2023:

• Administrative Authority: Director General of DPDT.
• Patent Term: Extended to 20 years.
• Utility Model Patents: Provided for.
• Request for Examination: Mandatory within 36 months.
• Renewal: Annual fees.
• Publication Fee: Required for pre-grant publication.
• Submission of Foreign Application Details: Can be demanded by the Registrar.
• No Deadline for Acceptance: The Act reportedly removes a fixed deadline for the DPDT to accept an application.
• Court Structure: District courts are designated for handling patent-related legal matters, with appeals to the High Court Division.

For assistance with patent registration and related matters in Bangladesh, please reach out to:

• Osman Goni
  • Phone: +8801715569498
  • Email: [email protected]
• Faizul Islam
  • Phone: +8801751230943
  • Email: [email protected]