Patent registration process in Bangladesh 2024

What is patent registration?

If a person invents a product or device or anything and he doesn’t want anyone to make, use or sell his invention then he needs to do patent registration for his invention as per the patents and designs Act 1911.

 

Why patent registration is necessary?

By doing patent registration, an inventor will get the sole right to exclude others from making, using, or selling his invention.

How many types of patent registration are there?

 

There are two types of applications for patent registration.

1. One is an Ordinary application. This application was filed in Bangladesh Patent Office and it did not claim any priorities.

1. Another one is the Convention application which claims single or multiple priorities from an application made in a convention country but it has to be made within 12 months of the application that was made in the convention country.

What are the basic requirements of patent registration?

 

1. The application must contain an invention.
2. The applicant must be in possession of that invention.
3. The applicant must be the first inventor or the legal representative or assigned of the such inventor.
4. Where the true and first inventor is not the applicant, the application must contain a statement of his name, and such particulars for his identification and the applicant must show that the applicant is the legal representative or assign of the such inventor. 

Who can make an application for patent registration?

 

Anybody whether Bangladeshi or not and alone or jointly can file an application for a patent in DPDT. In the case of foreigners, applications should be made throughout Bangladeshi local law firms.

 

Process of Patent Registration in Bangladesh

 

Stage 1: formalities of patent application

1. First of all, we have to make a forwarding letter addressed to the Registrar of the DPDT.
2.  Then we have to duly file in provisional specification form.
3. After that, we need to pay the official prescribed fee. The amount depends on ordinary or priority application.
4. After that, we need to fulfil a complete specification form. If possible, we need to include one set of drawing sheets in tracing paper describing the invention.

Stage 2: After getting an acceptance letter from DPDT

1. On the acceptance of the patent application, the patent office will issue an acceptance letter for advertisement. This is generally issued within 18 months of the filing of the application.
2. Then the patent application will be advertised for public inspection. Any person may give notice of opposition to the grant of a patent within four months from the date of advertisement.

Stage 3: Approval of the patent application

1. If any opposition is raised, then the patent applicant will submit a written reply. The cost will depend on legal steps.
2. If no opposition is raised within the time limit, the Registrar is obliged to issue Letters Patent (LP).
3. In order to make the patent sealed, we have to pay a 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.

Flowchart of Patent Registration

Application

(Ordinary Application & Priority Application)

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Provisional specification form

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Government prescribed fee

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Complete specification form

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Notice of acceptance from the DPDT to the Applicant

↕

Advertisement for public inspection

↕

Process of Letters Patent (LP)

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Payment of Sealing Fee

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Grant of patent

Time Period for Patent Registration

 

1. An original Certified Copy of the priority document must be filed within 3 months of the filing of the Priority Patent Application in Bangladesh.
2. The applicant will get notification of acceptance within 18 to 21 months after filing the patent application in Bangladesh.

• After getting the notice of acceptance from DPDT, the patent application will be advertised for public inspection for 4 months.

1. If there is no opposition, the sealing fee has to be paid within 24 to 28 months.
2. DPDT provides patent protection to the patent holders for 16 years on payment for prescribed fees. This may be renewed for a further period.

Government Fee for Patent Registration

 

1. Provisional specific form 1,000 BDT
2. BANK DRAFT –
3. Ordinary application 2,000 BDT
4. Priority application 10,000 BDT

• Complete specification form 3,000 BDT

1. Sealing Fee of 3,000 BDT

Required Documents for patent registration

 

To fulfil the provisional and complete specification form, some information and documents are required,

1. Title of the invention, the nature of the invention and the manner in which it is to be performed.
2. Whether the invention is a product/device/product or process or both.

• The objective of the invention.

1. Brief description of the drawings (if any)
2. A detailed description of the invention with reference to the accompanied drawings (if any)
3. The novelty of the invention.

• Inventive steps of the invention.
• Industrial applicability of the invention.

Guidelines for drawings of patent application

 

1. A4 size tracing paper
2. The name and number of the drawings should be referred to in the description of the complete specification.

• Drawing sheets must have a 1” margin on each side.

1. The applicant’s name and application number should be mentioned in the left top corner of the drawing sheets.
2. Each sheet of the drawings should be signed at the right bottom of each sheet by the applicant or the agent of the applicant

You can also visit:

1. Intellectual property rights in Bangladesh
2. The copyright Registration process in Bangladesh

if you need any assistance or consultation, visit us at our office or feel free to contact us at +8801700920980 (WhatsApp) or via Email-  info@counselslaw.com