Understanding the Patent Examination Process in Bangladesh

Overview of Patent Law Framework in Bangladesh

Bangladesh’s patent system is governed by the Patents and Designs Act, 1911, and the Patents and Designs Rules, 1933, amended over time to modernize patent practice. The framework establishes the legal definitions, the rights conferred by patent grants, subject matters eligible for patent protection, and the duties of patent holders.

Governing Authority: DPDT and Its Role

The Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries administers patent applications in Bangladesh. The DPDT’s responsibilities include:

• Receiving and processing applications
  
  
• Conducting patent examinations (both formal and substantive)
  
  
• Issuing search reports
  
  
• Publishing applications
  
  
• Granting patents, and
  
  
• Handling oppositions and post‑grant matters.
  
  

The DPDT acts as both the administrative and quasi-judicial body, ensuring compliance with national law and granting enforceable patent rights.

Patentability Requirements in Bangladesh

For an invention to be patentable in Bangladesh, it must satisfy three key criteria:

1. Novelty – The invention isn’t disclosed anywhere before the filing or priority date.
   
   
2. Inventive Step – It must not be obvious to a person skilled in the field.
   
   
3. Industrial Applicability – The invention must be usable in some form of industry or commerce.
   
   

Exclusions include scientific theories, business methods, mere discoveries of natural phenomena, and certain medical treatments.

Filing Your Patent Application: Steps & Key Documents

Step-by-step filing process:

1. Determine priority – Decide if filing at home first or via Paris Convention/PCT route.
   
   
2. Complete forms – Primary Form-1 (application), Form-2 (specification), Form-3 (abstract), etc.
   
   
3. Prepare specification – Includes title, background, detailed description, drawings (if any), and claims.
   
   
4. Submit through DPDT – Electronically (if available) or physically at the DPDT office.
   
   
5. Pay filing fees – Based on the number of claims, pages, and priority status.
   
   

Key documents you’ll need:

• Completed application forms
  
  
• Detailed specification and claims
  
  
• At least one clear drawing (if applicable)
  
  
• Abstract summary
  
  
• Priority documents (if claiming earlier filing abroad)
  
  
• Power of Attorney (if filed by an agent)
  
  

Formal vs. Substantive Examination Process

The DPDT conducts two distinct stages of examination:

Formal Examination

• Verifies completeness of forms and documents.
  
  
• Checks format, fees, and compliance with filing requirements.
  
  
• Issued within a few weeks to months.
  
  

Substantive Examination

• Applicant must request this within 48 months of filing (or priority date).
  
  
• DPDT examines patentability—novelty, inventive step, and industrial applicability.
  
  
• Often outsourced to examiners with technical expertise.
  
  
• Can span over 1–2 years depending on backlog.
  
  

Office Actions: Objections, Responses & Timelines

During substantive review, the DPDT issues Office Actions raising objections:

• Formal defects: e.g., unclear claims, missing pages
  
  
• Substantive defects: e.g., lack of novelty or clarity, insufficient disclosure
  
  

Responding:

• Applicant typically receives 2–3 months to reply.
  
  
• Responses may include amending claims, submitting arguments, or providing amended specification.
  
  
• Extensions can be requested in some cases.
  
  

Timely and well-argued responses maximize chances of allowance.

Publication & Search Reports

• Applications are published 18 months after filing (or priority), unless early publication is requested.
  
  
• Along with publication, DPDT issues a Search Report summarizing relevant prior art.
  
  
• The search report guides the substantive examination and helps the applicant shape their defense.
  
  

Granting, Opposition & Post‑Grant Procedures

• If substantive objections are resolved, DPDT issues a Notice of Allowance.
  
  
• Upon payment of grant fees, the patent is formally granted and published in the Patent Gazette.
  
  
• A post-grant opposition window (typically 6 months) allows third parties to challenge validity.
  
  
• Procedure: submit grounds (e.g. lack of novelty), DPDT reviews evidence, both parties may present argument, and DPDT makes a decision.
  
  

Duration, Maintenance Fees & Patent Term in Bangladesh

• The standard patent term is 20 years from the filing (or priority) date, provided renewal fees are paid annually.
  
  
• Maintenance fees—or annuities—are due starting from the third year onward.
  
  
• Non-payment leads to lapse, though restoration may be possible within a grace period, subject to discretionary DPDT approval.
  
  

Common Challenges & Tips for Applicants

1. Delayed substantive examination
   
   
   • Tip: File early or request waiver only if ready with strong arguments and documents.
     
     
2. Ambiguous claims or insufficient disclosure
   
   
   • Tip: Draft clear, broad but supported claims, with solid examples.
     
     
3. Unclear prior art handling
   
   
   • Tip: Use professional search tools and prepare claim amendment strategies early.
     
     
4. Responding weakly to office actions
   
   
   • Tip: Quantitative and qualitative argument backed by evidence, not just formal fixes.
     
     
5. Missed deadlines for fees or oppositions
   
   
   • Tip: Maintain a filing calendar or use an IP management system.
     
     

Conclusion

Navigating Bangladesh’s patent landscape—from filing through grant—requires a solid grasp of legal requirements, procedural steps, and strategic foresight. By understanding the DPDT’s role, the nuances of examination, timelines around publication and opposition, and the importance of maintenance, applicants can improve their chances of securing a robust patent. Careful preparation, timely responses, and professional support are essential to overcome common challenges and maximize the value of innovation protection in Bangladesh.