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Aligning Your Business With Law

Patent Registration

Following Patent related laws are prevailing in Bangladesh:

Patents and Designs Act, 1911

Application: Anybody whether Bangladeshi or expatriate and whether alone or jointly can file an application for Patent in the Department of Patents, Designs and Trademarks. The application must be made in the prescribed form, and must be filed at the Patent Office in the prescribed manner. The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification.

Specifications: A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. The specification must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. The drawings can be supplied at any time before the acceptance of the application, but we suggest filing drawings at the time of application printed on tracing papers.

Convention & Priority: Bangladesh is a member of the Paris Convention (The Paris Convention for the Protection of Industrial Property of March 20, 1883) and priority can be claimed within one year from first of the applications filed in any Member country. Priority cannot be claimed from PCT application even if it designates one of these countries. In case of claiming priority the applicant must supply the certified copy of the foreign patent upon which the inventor or applicant is claiming priority.

The complete specification should include the followings:

  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 the both.
  3. Filed of the invention.
  4. Prior art of the invention.
  5. Objective of the invention.
  6. Brief description of the drawings (if any).
  7. Detailed description of the invention with reference to the accompanied drawings (if any).
  8. Novelty of the invention.
  9. Inventive steps of the invention.
  10. Industrial applicability of the invention.
  11. Claims (showing novelty).
  12. Abstract.
  13. Computer printed specification with font size 11-13 in A4 size offset paper.

Filing Requirement: The following information and documents should be furnished at the time of filing a Patent Application:

  1. Name of the inventor (applicant).
  2. Address(s) and nationality of the inventors.
  3. Two sets of specification and one set of drawing on tracing paper (transparent)
  4. One set of Legalized Deed of Assignment (if any).
  5. Power of Attorney [Form - 31].
  6. Certified copy of the foreign patent (in case of claiming priority).

Advertisement on acceptance of application: On the acceptance of an application the Controller shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection.

Opposition: Any person may, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the Patent Office of his/her opposition to the grant of the patent. The opponent must state the grounds of his/her opposition.