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.