In the rapidly evolving landscape of innovation and intellectual property (IP) in Bangladesh, securing a patent is a critical step for inventors and businesses seeking to protect their creations. Governed by the Bangladesh Patent Act, 2023—which came into force on February 27, 2025—the patent system aligns with international standards while addressing local needs. Administered by the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries, the process offers a structured pathway to 20 years of exclusive rights from the filing or priority date. This guide breaks down the key stages, from eligibility to maintenance, to help you navigate the journey efficiently. Whether you’re a local entrepreneur or a foreign innovator, understanding these steps ensures your invention is safeguarded against unauthorized use, sale, or replication.
Patent Eligibility in Bangladesh
Not every idea qualifies for patent protection; the invention must meet stringent criteria to promote genuine innovation while excluding non-technical or harmful subject matter. Under the 2023 Act, an invention is patentable if it is:
- Novel: It must be new and not part of the global “prior art”—any publicly available information before the filing or priority date.
- Involves an Inventive Step: It should not be obvious to someone skilled in the relevant field, representing a non-trivial technical advancement.
- Industrially Applicable: The invention must be capable of manufacture or use in any industry, including agriculture or pharmaceuticals.
Exclusions include discoveries, scientific theories, mathematical methods, business models, computer programs “as such,” medical treatment methods, and traditional knowledge or genetic resources without disclosure of origin. Additionally, inventions contrary to public order, morality, or national security—such as those harming human, animal, or plant life—are barred. Utility models, with lighter requirements and a shorter term (typically 10 years), are also available for incremental innovations.
Bangladesh’s membership in the Paris Convention allows foreign applicants to claim priority from earlier filings in member countries within 12 months, enhancing global protection. Anyone—Bangladeshi or foreigner, individual or entity—can apply, alone or jointly, provided they are the true inventor, assignee, or legal representative.
Required Documents for Patent Filing
A complete application ensures a smooth filing process at the DPDT. Essential documents include:
Document | Description | Notes |
Application Form | Form 1 (if inventor is applicant) or Form 1A (if not), with details of applicant(s) and inventor(s) including names, addresses, and nationalities. | Mandatory; available on DPDT website. |
Specification | Provisional (Form 3) for early filing or complete (Form 3A) with title, abstract, description, claims, and drawings. | Two sets in English; drawings on tracing paper if applicable. |
Priority Document | Certified copy of earlier foreign application, if claiming priority. | File within 3 months; English translation if needed. |
Power of Attorney | For agents or foreign applicants. | Duly executed; original within 1 month. |
Assignment Deed | If applicant is not the inventor. | Endorsed by inventor(s). |
Fee Payment Proof | Challan or bank draft for filing fees (e.g., BDT 2,300 for ordinary application). | Includes 15% VAT; varies by type and pages/claims. |
Forwarding Letter | Addressed to DPDT Registrar. | Covers submission. |
Foreign applicants must file through a local agent. Submit in person or via e-service at DPDT’s Dhaka office (91 Motijheel C/A).
Preparing Patent Specifications
The specification is the heart of your application, serving as the blueprint for your invention. A provisional specification (brief description) secures an early filing date, but a complete one must follow within 12 months (extendable to 15 months). Key elements include:
- Title: Concise and indicative of the invention.
- Field and Background: Context, prior art, and objectives.
- Detailed Description: Step-by-step explanation of how the invention works, with reference to drawings (if any).
- Claims: Define the scope of protection; independent and dependent claims.
- Abstract: 150-word summary for search purposes.
- Drawings: Clear, labeled visuals on A4 sheets.
Disclose all known prior art and ensure enablement—enough detail for a skilled person to replicate it. Engage a patent attorney to avoid overly broad or narrow claims, which could invite rejection or weak enforcement.
Filing Process at DPDT
Initiate filing by submitting documents and fees to DPDT’s head office in Dhaka. Ordinary applications (no priority) cost around BDT 2,300; convention applications (with priority) are BDT 11,500. E-filing is available via DPDT’s portal, but physical submission is often required. Upon receipt, DPDT assigns a filing date and number, providing provisional protection from publication.
Formality Examination
Post-filing, DPDT conducts a formality check within months to verify completeness, format, and compliance (e.g., correct forms, fees, language). Deficiencies trigger a notice for rectification (typically 1-3 months). Unresolved issues lead to abandonment. This stage ensures procedural adherence before substantive review.
Publication of Patent Application
Accepted applications are published in the DPDT Journal or Gazette 18 months from filing/priority, making them publicly inspectable. A publication fee applies. Early publication can be requested. This transparency invites scrutiny and starts the opposition clock, balancing inventor rights with public interest.
Pre-Grant Opposition
Third parties have 6 months from publication to oppose on grounds like lack of novelty, obviousness, prior public use, or insufficient disclosure. File with evidence and fee; the Registrar hears both sides and decides. Successful oppositions can lead to refusal or amendments. This mechanism prevents undeserved monopolies.
Requesting Substantive Examination
Unlike the old automatic process, the 2023 Act mandates a request for substantive examination within 36 months of filing (extendable by 3 months). Pay the fee (around BDT 5,000-10,000) via Form 16. DPDT examines novelty, inventive step, and applicability, issuing reports with objections. Respond within deadlines (usually 6 months) with arguments or amendments. Multiple rounds may occur; hearings are optional. Failure to request deems the application abandoned.
Patent Grant Procedure
If examination succeeds and oppositions resolve favorably, DPDT notifies intent to grant. Pay sealing fee (BDT 3,000) within 3 months. The patent is sealed, a certificate issued, and published post-grant. A 24-month post-grant opposition window follows. Total timeline: 4-6 years, depending on complexity. Granted patents confer exclusive rights to exclude others from making, using, or selling the invention.
Patent Renewal and Maintenance
Patents last 20 years but require annual renewal fees from year 6 (or earlier under new rules), payable within 3 months of anniversary (no grace period). Fees escalate (e.g., BDT 1,000-10,000+ per year). Late payment lapses the patent; restore within 2 years via petition and fee. Maintain records of assignments, licenses (register for enforceability), and address changes. Infringement suits yield injunctions, damages, or accounts of profits via District Courts.
Securing a patent in Bangladesh empowers innovation while fostering economic growth. Consult a DPDT-registered agent for tailored advice, as fees and timelines evolve. Visit dpdt.gov.bd for forms and updates. With proactive steps, your invention can thrive in this dynamic market.