The short answer
The Bangladesh Patent Act, 2023 (Act No. 53 of 2023, dated 13 November 2023) repealed the Bangladesh Patent Act, 2022 and came into force on 27 February 2025 (SRO No. 56-Law/2025). It has 72 sections in 13 chapters. It sets a 20-year term, tests for novelty, inventive step and industrial applicability, pre-grant and post-grant opposition, utility models (8 years), compulsory licences and government use, and court enforcement. The DPDT administers it.
The Act chapter by chapter
| Chapter | Sections | Subject |
|---|---|---|
| I | 1–2 | Title, commencement, definitions |
| II | 3–5 | The DPDT, who may apply, priority date |
| III | 6–7 | Inventions that cannot be patented, including atomic energy |
| IV | 8–24 | Application, specification, publication, opposition before grant, examination, grant |
| V | 25–32 | Rights of the owner, term and annual fees, ownership changes and licences, cancellation |
| VI | 33–34 | Revocation by the District Court and withdrawal in the public interest |
| VII | 35–41 | Working of patents, compulsory licences, government use |
| VIII | 42–43 | Utility model patents |
| IX | 44–52 | Enforcement: infringement suits, burden of proof, injunctions, relief, appeals |
| X | 53–55 | Civil procedure, compensation for false claims, special courts and appeal |
| XI | 56–59 | Powers of the Director General |
| XII | 60–62 | Exceptions: parallel imports, research, prior users |
| XIII | 63–72 | Register, patent representatives, information, rules, repeal, English text |
Key periods and numbers
| Item | Rule | Section |
|---|---|---|
| Term | 20 years from the filing date or priority date | 28 |
| Provisional to complete specification | 12 months | 8(4) |
| Priority period | 12 months from the first filing | 5 |
| Foreign filing details | At filing or within 90 days, plus up to 60 days for translation, and updates every 6 months | 15 |
| Publication | 18 months after filing; early on request | 17 |
| Opposition before grant | After publication; no grant before 6 months from publication | 19 |
| Request for examination | Within 36 months of filing, extendable by 3 months | 21 |
| Opposition after grant | Within 24 months of publication of the grant | 20 |
| Divisional applications | Up to 3, within 3 years of the first application | 14 |
| Utility model term | 8 years, subject to renewal | 43(8) |
| Compulsory licence decision | Within 6 months of application; remuneration up to 4% of total sales | 36, 37 |
| Appeal against a Director General decision | 2 months, to the High Court Division | 52 |
Status and things to check
- The Patent Rules under this Act have not yet been made. The Patents and Designs Rules, 1933 continue to apply to the extent that they are consistent with the Act (Section 71(6)).
- Pending applications under the 2022 Act are to be decided under this Act (Section 71(2)).
- Pharmaceutical and agrochemical products are outside patent protection for as long as the TRIPS Council exemption runs, unless the government changes the period by notification (Section 6(2)).
- The Bangla text prevails over any official English text (Section 72).
Read more by topic
- Filing: how to register a patent and the deadline map
- Exclusions: what is not patentable
- Challenges: opposition before and after grant
- Licences: compulsory licences
- Enforcement: infringement suits
Patent Act 2023 questions
When did the Patent Act 2023 come into force?
On 27 February 2025, by SRO No. 56-Law/2025 dated 12 February 2025.
Which law did it replace?
The Bangladesh Patent Act, 2022 (Act 5 of 2022), which it repealed (Section 71).
How long does a patent last?
20 years from the filing date, or the priority date where it applies, subject to annual fees (Section 28).
Is there a utility model?
Yes. A utility model patent lasts 8 years (Sections 42 and 43).
Where can I read the Act?
On the Ministry of Law website, bdlaws.minlaw.gov.bd (Act No. 53 of 2023).
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