Introduction
The Bangladesh Patent Act, 2023, under Section 15, outlines the requirements for applicants who file patent applications outside Bangladesh. This provision ensures that the Department of Patents, Designs, and Trademarks (DPDT) remains updated with the status of foreign applications connected to claims made in Bangladesh.
This article explains the required documents, extensions, updates, publication rules, and consequences of non-compliance in detail.
1. Submission of Documents
If an applicant, either individually or jointly with another person, files a patent application in a foreign country, or if to their knowledge another person files such an application based on rights claimed through them, the applicant must submit the following documents to the DPDT:
- (a) A detailed statement containing information of the said foreign application.
- (b) A copy of any examination or search report issued in respect of the foreign application.
- (c) A copy of the granted patent (if the foreign application results in a grant).
- (d) A copy of the refusal order (if the foreign application is rejected).
- (e) A copy of any notice of withdrawal or abandonment of the granted patent (if applicable).
- (f) Copies of any other orders relating to the patent or the application, such as cancellation, invalidation, amendment, or court orders.
📌 These documents must be filed at the time of filing in Bangladesh or within 90 (ninety) days thereafter.
2. Extension for Translation
If the applicant requires additional time for translation of foreign documents, the Director General (DG) may grant an extension of up to 60 (sixty) days.
3. Periodic Updates
Until the foreign patent application is either granted or refused, the applicant must submit updated information every 6 (six) months regarding the status of the application to the DG.
4. Publication by the DPDT
Upon receiving such updates, the DG shall ensure that the information is published on the official website of the DPDT, ensuring public transparency.
5. Consequences of Non-Compliance
If an applicant fails to comply with the requirements under sub-sections (1) and (3)—except for reasons beyond their control—the application in Bangladesh shall be deemed to have been refused.
Quick Reference Summary Table
| Requirement | Timeline | Authority | Consequence of Non-Compliance |
|---|---|---|---|
| Submit documents (statement, reports, granted/refused patent copies, legal orders) | Within 90 days from filing in Bangladesh | DPDT (Director General) | Application deemed refused |
| Request for translation time | Additional 60 days allowed | Director General | No submission = application refused |
| Provide periodic updates on foreign applications | Every 6 months until grant/refusal abroad | DPDT | Application deemed refused |
| DPDT publication of updates | After receiving information | DPDT official website | N/A |
Conclusion
This provision creates a transparent mechanism by which the Bangladesh Patent Office can track the progress and outcome of related foreign patent applications. It prevents misuse of the system, ensures proper disclosure, and aligns local filings with international patent practices.
Applicants must remain vigilant about the deadlines—90 days for initial submission and 6 months for updates—to avoid rejection of their Bangladeshi patent application.
Frequently Asked Questions (FAQ)
Q1. What is Section 15 of the Bangladesh Patent Act, 2023?
Section 15 sets out the requirements for submitting documents related to foreign patent applications when filing a corresponding patent in Bangladesh. It ensures that the DPDT remains updated about the status of foreign applications linked to Bangladeshi filings.
Q2. What documents must be filed for a foreign patent application?
Applicants must submit:
- A detailed statement of the foreign application
- Examination or search reports (if issued)
- Copy of granted patent (if granted abroad)
- Copy of refusal order (if rejected abroad)
- Withdrawal or abandonment notice (if applicable)
- Any court or administrative orders (e.g., cancellation, invalidation, amendment)
Q3. What is the deadline for submitting these documents?
The documents must be submitted at the time of filing in Bangladesh or within 90 days thereafter.
Q4. Can the deadline be extended?
Yes. The Director General (DG) may allow an additional 60 days for translations of foreign documents, upon request.
Q5. Are periodic updates required?
Yes. Applicants must provide updates every 6 months until the foreign patent application is either granted or refused.
Q6. How does the DPDT handle these updates?
The DPDT publishes the submitted updates on its official website for public access.
Q7. What happens if an applicant fails to comply with Section 15?
If the applicant does not submit the required documents or fails to provide updates (unless due to reasons beyond their control), the Bangladesh patent application will be deemed refused.
Q8. Do these requirements apply to old applications pending before the Act?
Yes. Pending applications filed before the Act should also comply with Section 15 by submitting the required information and updates.
