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Patents

Bangladesh

(Asia Pacific) Firm The Legal Circle

Contributors Anita Ghazi Rahman
Jarif Rumman

Updated 22 Mar 2021
Which patent-related international treaty is your country is a member of?

Bangladesh belongs to the following patent-related international treaties:

  • Paris Convention
  • TRIPS
What kinds of protection is available for inventions?

Inventions protections available in Bangladesh include:

  • Inventions
  • Other: Design
What kinds of subject matter (as such) are excluded from patent protection?

The following subject matter is excluded from patent protection in Bangladesh:

  • Other: Artistic creation, mathematical method, business scheme, anything against universal law.
What are the documents and information required for filing a national patent application?

Documents and information required for filing a national patent application in Bangladesh include:

  • Name and address of the applicant(s)
  • Name and address of the inventor(s)
  • Specification (description, claims and drawings)
  • Abstract
  • Power of Attorney
  • Deed of Assignment
  • Other: (1) NID and photos of the applicant(s) and inventor(s); (2)  Memorandum of Association and Articles of Association (if a company); (3) Trade License
Is it possible to request early publication or a deferment of publication?

No, it is not possible to request early publication or deferment of publication in Bangladesh.

Does the applicant have a provisional right upon the publication of an application?

Yes, the applicant has a provisional right upon publication of an application in Bangladesh. The applicant receives propriety over any subsequent applicant.

When is it possible to file a voluntary amendment to specification?

It is possible to file voluntary amendments in Bangladesh at the following times:

  • At any time during prosecution
Is it required to file a request for substantive examination?

No, it is not required to file a request for substantive examination in Bangladesh.

Is there a third-party opposition procedure upon publication or after grant?

Yes, there is a third-party opposition procedure upon publication or after grant in Bangladesh.

What is the time period from application to grant for a straightforward application (no office actions or oppositions)?

The time period from application to grant in Bangladesh is between 2-3 years. 

Is there any process for accelerated examination of application?

Yes, there is a process for accelerated examination of an application in Bangladesh. This process includes regular follow-up with the patent office in relation to the patent application/registration. 

To maintain the validity of patent, is it required to pay an annuity in your country?

No, it is not required to pay an annuity to maintain the validity of a patent in Bangladesh.

Is late payment of annuity permissible?

Not applicable.

What are the available enforcement methods in your country?

Available enforcement methods in Bangladesh include:

  • Civil enforcement
  • Criminal enforcement
Are there any peculiarities in the system of protection for a patent in your country, of which it is important for clients to be aware?

Yes, the patent registration process is very slow in Bangladesh due to the lack of employees in the office, who cannot meet up with the bulk of patent applications filed each year. The patent office is dedicated to resolving this matter by introducing online submission of the applications. As such, the registration process is expected to be quicker once the online submission of the application is introduced.

Patents

Bangladesh

(Asia Pacific) Firm The Legal Circle

Contributors Anita Ghazi Rahman Jarif Rumman

Updated 22 Mar 2021