An application for a patent may be made by any Bangladeshi or any foreigner, and by alone or jointly with any other person. The application must be made to the Department of Patents, Designs and Trade Marks (DPDT) in the prescribed form. The application must contain a declaration 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.
An application must contain a complete specification or provisional specification. A provisional specification must describe the nature of the invention. A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement, of the invention claimed. If the applicant does not leave a complete specification with his application, s/he may leave it at any subsequent time within nine months from the date of the application
The Registrar may require that suitable drawings/model or sample of anything illustrating the invention shall be supplied and such drawings/model or sample shall be part of the complete specification.
To file a Patent Application following information are required:
(a) Name of the inventor (applicant),
(b) Address(s) and nationality of the inventors,
(c) Two sets of specification and one set of drawing on tracing paper (transparent),
(d) One set Legalized Deed of Assignment (if any),
(e) Power of Attorney [Form – 31],
(f) Certified copy of the foreign patent (in case of claiming priority)
Advertisement on acceptance of application
On the acceptance of an application the Registrar shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection.
Any person at any time within four months from the date of the advertisement of the acceptance of an application give notice at the DPDT of opposition to the grant of the patent. The opponent must state the grounds of his opposition.
Grant and sealing of Patent
If there is no opposition a patent shall be granted, subject to such conditions as the authority thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Controller shall cause the Patent to be sealed with the seal of the Patent Office.
Term of Patent
The term limited in every patent for the duration thereof is sixteen years from its date and renewal is required after four years up to 15 years. In case of priority, the commencement of four years shall start from the date of priority application.
Remedy for infringement
A patentee may institute a suit in a District Court having jurisdiction to try the suit against any person who makes, sells or uses the invention without his license, or counterfeits it, or imitates it. A successful plaintiff is entitled to the relief in the form of injection, damages or an account of profit.