Patent REGISTRATION

in Bangladesh

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.

Registration Procedure

    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 payment of prescribed fees. Duration of protection may be renewed for a further period. A patent confers on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and of authorizing others to do so. Under this act, the Department of Patents, Design and Trademark (DPDT) provides patent protection (registration) to the patent holders for 16 years on payment of prescribed fees. Duration of protection may be renewed for a further period. A patent confers on the patentee the exclusive privilege of making, selling and using the invention throughout Bangladesh and of authorizing others to do so.

    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.

    Types of Patents

    in Bangladesh

    Ordinary Application

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

    Provisional and Complete Applications

    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. However, a complete specification must be filed within 9 months from the date of filing of the provisional specification. The complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed.

    Patent of addition

    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. An application of patent of addition is not granted a patent before the main invention. No renewal fee is required to be paid for the patent of addition and it expires along with the main invention/patent. However, if the main patent is revoked, then the patent of addition may be converted into an independent patent on request of the applicant(s). Under such circumstances, the same renewal fee must be paid as if the patent has been originally granted as an independent patent.

    Convention Application

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

    Biography

    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
    Document(s) required for filing patent application
    • Three copies/sets of drawing (if any) – one copy/set as formal drawings
    • Duly executed Power of Authority for the Agent
    • A certified copy of the priority document (if any)
    • Filing of Patent Application
    • Preliminary Examination of Patent Application
    Prosecution Process
    • Acceptance and Publication of Patent Application within 18 months
    • Opposition (4 months from date of Publication)
    • Sealing and Grant of Patent
    Registration Term 16 years from the date of registration

    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.

If the provisions relating to patents and the provisions relating to designs were made in a single enactment, the administering authority who would enforce the provisions relating to both patents and designs, would feel convenient if the authority found the provisions relating to both the matters in a single Act rather than in separate Acts (Afzal and Sadeque 2003).

Since enactment of the Patents and Designs Act, 1911, the concepts of patents and designs have undergone enormous development through decisions of courts around the world. In addition, a large number of international conventions have been adopted recommending enactment of uniform laws on intellectual property including patents and designs. The attempt for up gradation of law has started on 2003 but it is yet to be finalized. Bangladesh continues with (essentially) the inherited British law. A few minor amendments have been enacted such as the establishment of Department of Patent Design and Trademarks (Azam and Richardson 2010).


By: Mohammad Sayeedur Rahman
Management Counsellor, Research, Evaluation and Publication Division, Bangladesh Institute of Management