Bangladesh has officially entered a transformative phase in its intellectual property (IP) journey with the enactment of the Bangladesh Patent Act, 2023, which came into force on 27 February 2025. Replacing the century-old colonial Patent Act of 1911, this new law introduces a modern, streamlined, and globally aligned framework for patent registration, protection, and enforcement.
The Act is a landmark achievement in the country’s efforts to stimulate innovation, protect inventors, and attract investment through a transparent and TRIPS-compliant IP regime.
🔍 Key Highlights of the Bangladesh Patent Act, 2023
The Act reflects a strategic shift toward best international practices, particularly those under the TRIPS Agreement. Below are the major changes and features:
✅ 1. Expanded Scope of Patentable Subject Matter
The Act clearly outlines that inventions must meet three criteria to be eligible for a patent:
- Novelty
- Inventive step
- Industrial applicability
This clarity provides a stronger legal basis for evaluation and encourages meaningful innovation.
✅ 2. Patent Term Extended to 20 Years
The patent term has been increased from 16 years to 20 years from the date of filing, aligning Bangladesh with most jurisdictions around the world. This enhances protection for innovators and improves the country’s attractiveness for foreign investment and R&D.
✅ 3. Exclusions from Patentability
Certain categories are now explicitly excluded to prevent exploitation and safeguard public interest. These include:
- Traditional knowledge
- Mathematical methods or abstract ideas
- Methods for medical treatment
- Plant and animal varieties (except microorganisms)
✅ 4. Stronger Enforcement and Border Protection
The Act introduces both civil and criminal remedies against patent infringement. Additionally, border measures have been established to prevent the import/export of infringing goods.
It also includes Alternative Dispute Resolution (ADR) options to reduce the burden on courts and encourage timely resolution.
✅ 5. TRIPS Compliance and Global Alignment
This Act marks a significant step toward full TRIPS compliance, and strengthens Bangladesh’s position in international IP forums. It also lays the foundation for future accession to the Patent Cooperation Treaty (PCT), which would allow international patent filing through a single application.
✅ 6. Recognition of Utility Models
First introduced in the 2022 Act and retained under the 2023 law, Utility Model Patents offer shorter-term protection (typically for incremental or technical improvements). This provides an accessible option for small-scale inventors and SMEs to protect innovations with less stringent requirements than standard patents.
📌 What This Means for Inventors and Businesses
With the new Patent Act, applicants in Bangladesh can now expect:
- A more predictable and structured application process
- Better protection against infringement
- Enhanced economic and legal incentives for innovation
- Greater harmonization with global patent standards
📋 Procedural Overview (Simplified)
Although the full procedural framework is expected to be outlined in accompanying rules and regulations, key steps generally include:
- Patent Search (Recommended)
- Filing the Application with necessary forms, specifications, and claims
- Formal and Substantive Examination
- Publication of the Application
- Opposition Period (if applicable)
- Grant of Patent if all criteria are met
- Renewal and Maintenance until the 20-year term expires
🏁 Conclusion
The Bangladesh Patent Act, 2023, marks a bold and progressive shift in the country’s IP landscape. By adopting a more modern and internationally harmonized approach to patent protection, Bangladesh is not only empowering its local innovators but also positioning itself as a competitive player in the global knowledge economy.
Whether you're an inventor, startup, academic institution, or multinational enterprise, this new law opens up exciting possibilities—and SUPREMEiP Law Firm is here to guide you through every step.
