The short answer

If your invention uses a biological resource, or traditional knowledge linked to it, the Bangladesh Patent Act, 2023 requires the specification to state its source and geographic origin (Section 8(13)). For inventions involving microorganisms, a culture must be deposited with a designated depository in Bangladesh before filing (Section 9). If a patent involves a biological resource that was used unlawfully, an interested party can claim a share of ownership of not less than 20% (Section 30). Leaving out the disclosure, or stating it wrongly, is a ground for opposition and revocation.

s.8(13)
Disclose source and origin
s.9
Microorganism deposit
≥ 20%
Ownership share (s.30)
2 grounds
Opposition and revocation

What the specification must say

  • The source and geographic origin of any biological resource used, directly or indirectly, in the claimed invention (Section 8(13)).
  • Any traditional knowledge connected with that resource that was used in the invention (Section 8(13)).
  • For a microorganism, the identifying characteristics, the depository's name and address, the date and the deposit number (Section 9(2)(b)).

Failing to disclose, or disclosing wrongly, is a ground for pre-grant opposition (Section 19), post-grant opposition (Section 20) and court revocation (Section 33(1)). See patent opposition.

Microorganism deposit (Section 9)

1

Deposit before filing

  • Deposit a culture with a designated depository in Bangladesh before the patent application is filed, unless a person with ordinary skill in Bangladesh can already carry out the invention and the material is otherwise available to the public.
2

Describe the deposit

  • State the deposit details in the specification within the prescribed time.
3

Make it available

  • The deposited material must be obtainable from the depository only after the filing date, or after the priority date if one is claimed.

Claiming a share of ownership (Section 30)

  • Where a filed or granted patent concerns a biological resource, a party with an interest in the patent can claim a share of ownership.
  • The claim goes to the Director General and must name the agency or entity that should receive the share.
  • The share is not less than 20 per cent.

Section 30 sits under the heading on assignment of a patent where a biological resource is used unlawfully. Applicants who use biological material from Bangladesh, or traditional knowledge, should record how they obtained it before filing.

Biological resource questions

Must I disclose where a biological material came from?

Yes. The specification must state its source and geographic origin (Section 8(13)).

Do I disclose traditional knowledge?

Yes, where it is linked to the resource and used in the invention.

Where is a microorganism deposited?

With a designated depository in Bangladesh, before filing (Section 9).

What if I do not disclose?

The patent can be opposed or revoked on that ground (Sections 19, 20 and 33).

How big can the ownership share be?

At least 20 per cent (Section 30(3)).

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Based on the Bangladesh Patent Act, 2023 (Act No. 53 of 2023, Bangla text on bdlaws.minlaw.gov.bd), in force from 27 February 2025. The Patent Rules are still to be made, so the Patents and Designs Rules, 1933 continue where consistent (section 71(6)). Fees and forms are not in the Act. Checked October 2026. General information, not legal advice. Written by the IP team at SUPREMEiP®.