Patent Filing In Bangladesh
Patent filing in Bangladesh is governed by the Patent & Design Act, 1911 & Patents & Designs Rules 1933. Read the The Patents and Designs Act, 1911 here. Under Section 2 (8) the Act, an invention means any manner of new manufacture and includes an improvement and an alleged invention. A patent application can be filed in Bangladesh for a new and novel invention.
Who can apply for a patent in Bangladesh?
In accordance to section 3 of Patent & Design Act, 1911 the application can be made by any of the following persons, either alone or jointly with any other person, whether he is a citizen of Bangladesh or not:
· the true and first inventor of the invention;
· the assignee of a person claiming to be the true and first inventor;
· the legal representative of any deceased person who immediately before his/her death was entitled to make such an application.
|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||Name, address and nationality of the applicant(s) and the inventor(s). Three copies of Patent specification and claims in the English language; 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).|
|Prosecution Process||Filing of Patent Application Preliminary Examination of Patent Application 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|
Typed of Patent Applications in Bangladesh
What are the different types of applications in Bangladesh and how to file Patent applications in Bangladesh?
Patent applications can be filed in Bangladesh as:
a) Ordinary Application
An ordinary patent application is the application, which is filed with the Bangladesh Patent Office without claiming priority from any other application under process with any other Patent Office.
b) Provisional and Complete Application
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.
c) Convention Application
The 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.
d) 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, same renewal fee must be paid as if the patent has been originally granted as an independent patent.
Filing Requirements for Patent Applications in Bangladesh
Who can file the patent application in Bangladesh?
An application for a patent may be filed by any of the following persons, either alone or jointly with any other person, whether he is a citizen of Bangladesh or not:
- the true and first inventor of the invention;
- the assignee of a person claiming to be the true and first inventor;
- the legal representative of any deceased person who immediately before his/her death was entitled to make such an application.
- Three copies of Patent specification and claims in the English language;
- Three copies/sets of drawing (if any) – one copy/set of which should be printed on tracing paper or cloth as formal drawings.
- Complete details regarding the applicant(s) and inventor(s) (names, nationality and address);
- Duly executed Power of Authority for the Agent;
- A certified copy of the priority document (if any). If the document is in a language other than English, a verified English translation of the same is also required to be filed at the Bangladesh Patent Office.
All the details and other formal documents must be filed in English.
Patent Examination & Prosecution Procedure in Bangladesh
The procedure for the grant of a patent in Bangladesh is as follows:
Stage 1 – Patent application filing
An application for the grant of patent can be filed in Bangladesh along with the prescribed fee at the Department of Patents, Designs and Trademarks.
How to file a request for Patent Examination in Bangladesh?
Stage 2 – Patent Examination
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 has been complied with.
The first examination report is generally issued within 18 months of the filing date of application in Bangladesh.
What is the time period to file the response of Office Action?
Stage 3 – 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.
When a pre-grant opposition can be filed in Bangladesh?
How to file pre-grant opposition in Bangladesh?
Stage 4 – 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.
Stage 5 – Grant 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, he/she shall file his/her request on Form 8 with prescribed fee in accordance with Rule 23 of the Patents & Designs Rules, 1933 within 24 months or 28 months (as the case may be) from the date of filing.
What is the term of a Patent in Bangladesh?
The term for patents in Bangladesh is 16 years from the date of filing of the application for the patent. 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.
Sources: The Patents and Designs Act, 1911
For more information on patent procedure, examination, grant in Bangladesh, please write to us at email@example.com
Patent Filing & Registration Trends In Bangladesh
Patent Opposition in Bangladesh
When can a pre-grant opposition be filed in Bangladesh?
Pre-grant opposition in Bangladesh 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.
For more information on patent opposition in Bangladesh please write to us at firstname.lastname@example.org
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Patent Examination & Prosecution Procedure In Bangladesh
Understanding Patents Filing and Registration Trends in Bangladesh
Intellectual Property trends in Bangladesh
The Department of Patents, Designs and Trademarks, Bangladesh has recently released the statistics for trademarks, patents and designs filings and registrations in Bangladesh, giving statistical data for the year 2014.
Our research team has compiled and analyzed 10 years of empirical data for the trademarks, patents and designs filings and registrations in Bangladesh from 1994 to 2014, by way of graphical representation as under.
Patents Filing and Registration Trends
In terms of patents filing and registration trends in Bangladesh, there has been a decline in the total number of patent applications from 316 in 2004 to 293 in 2014. Over the past 10 years, there has not been any major increase in the patent filing trends, and only minor fluctuations can be observed. Meanwhile, the number of patent grants have also declined from 230 in 2004 to 121 in 2014, and similar to the filing statistics, there has been no steady increase or decrease in the patent grant trends, and only fluctuations are observed over the decade.
Patent Applications received vs Patents granted
As per the released statistics, the number of patent applications are still dominated by foreign entities with almost a staggering 85% of the patent filings coming from them. Even in terms of granted patents, foreign entities are leading with 80% of the total patents granted in Bangladesh being those belonging to them.
Patent Applications received: Resident vs Non-resident
Patents granted: Resident vs Non-Resident
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To know more about Patents in Bangladesh click here
For more information on patent application filing in Bangladesh, please write to us at firstname.lastname@example.org