Patent registration in Bangladesh

Patent Registration in Bangladesh

Patent registration in Bangladesh is essential for protecting your invention and securing exclusive rights over it. The Patents and Designs Act, 1911 governs patent registration in the country, and the Department of Patents, Designs & Trademarks (DPDT) is responsible for granting patent rights. Here's a step-by-step guide on the patent registration process in Bangladesh:

Eligibility for Patent Registration

To be eligible for patent registration, an invention must meet the following criteria:

1. Novelty: The invention must be new and not disclosed in any prior publication or patent.
2. Inventive Step: The invention must involve an inventive step, meaning it must not be obvious to someone skilled in the relevant field.
3. Industrial Application: The invention must be capable of being made or used in some kind of industry.

Types of Patents in Bangladesh

There are two types of patents in Bangladesh:

1. Ordinary Patent: Granted for inventions that are new and involve an inventive step.
2. Patent of Addition: Granted for improvements or modifications to an already patented invention.

Steps to Register a Patent in Bangladesh

Conduct a Patent Search

• Before applying for a patent, it's advisable to conduct a patent search to ensure your invention is novel and does not conflict with existing patents. You can do this through the DPDT or other patent search databases.

Prepare the Patent Application

• The application must include:
  • A title of the invention.
  • A detailed description of the invention.
  • Claims defining the scope of protection.
  • Drawings (if applicable) to illustrate the invention.
  • Abstract summarizing the invention.
• You may also need a declaration of inventorship.

File the Application with DPDT

• The completed application should be filed with the Department of Patents, Designs & Trademarks (DPDT). You can file the application online or in person at the DPDT office.
• The application is assigned a filing number and an application date.

Examination of the Patent Application

• Once submitted, the patent office will conduct a formal examination to check the application’s compliance with the Patents and Designs Act, 1911.
• If the application is complete, the DPDT will issue a Notice of Acceptance and begin a substantive examination.
• The substantive examination is a detailed review of the novelty, inventive step, and industrial applicability of the invention.

Publication of the Application

• If the application is accepted, it will be published in the Official Gazette to allow the public to oppose the patent application within a specific time frame (usually 4 months from the publication date).

Granting of the Patent

• If there are no objections or oppositions, and the invention meets all the requirements, the patent will be granted.
• You will receive the Patent Certificate, which grants you exclusive rights over the invention for 20 years.

Patent Maintenance

• A granted patent must be renewed annually after the first year of registration. The renewal fee is required to maintain the patent's validity.

Patent Filing Fees in Bangladesh

Patent filing fees in Bangladesh include:

• Application fee: Varies based on the type of application and number of claims.
• Examination fee: Paid once the application is accepted.
• Annual renewal fee: Charged after the first year of registration to maintain the patent.

You can contact the DPDT for the exact fee structure.

Duration of Patent Protection

• A granted patent is valid for 20 years from the filing date of the application.
• You need to pay annual renewal fees to maintain the validity of the patent.

Important Points to Note

1. Confidentiality: Once a patent application is filed, the details of the invention are kept confidential until the application is published.
2. International Protection: If you seek protection in multiple countries, you can file a Patent Cooperation Treaty (PCT) application or use other regional systems for international protection.
3. Enforcement: Patent owners have the exclusive right to make, use, sell, or distribute the patented invention. If someone infringes on your patent, you can file a lawsuit for damages or seek legal remedies.