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.
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.
|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|
|Document(s) required for filing patent application||
|Registration Term||16 years from the date of registration|
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