Bangladesh Patent Act 2023 Act No. 53 of 2023 Effective: 27 February 2025

How to Register a Patent or Invention in Bangladesh?

A complete, step-by-step legal guide under the Bangladesh Patent Act, 2023 — covering the full registration process, official fees, timelines, patentability criteria, and everything inventors and businesses need to know.

20 yrs

Protection (§28)

18 mo

Publication (§17)

6 mo

Opposition (§19)

2025

Law in Effect

📋 NEW LAW IN EFFECT

Bangladesh has enacted an entirely new patent law — the Bangladesh Patent Act, 2023 (Act No. 53 of 2023), passed on 13 November 2023. This Act came into force on 27 February 2025 (vide SRO No. 56-Law/2025), repealing the Bangladesh Patent Act, 2022 and the outdated Patents and Designs Act, 1911. All patent applications filed in Bangladesh are now governed by this new legislation. The governing authority remains the Department of Patents, Industrial Designs and Trademarks (DPDT), Ministry of Industries.

What Is a Patent? — Definition Under the Bangladesh Patent Act 2023

Under Section 2(11) of the Bangladesh Patent Act, 2023, a "patent" means a right granted for an invention under Section 25 of the Act. Under Section 2(6), an "invention" means a new product or process which involves an inventive step and is applicable to an industrial field.

In practical terms, a patent is an exclusive legal right granted by the state — giving the patent holder the sole right to prevent others from making, using, selling, or importing the patented invention without authorisation, for a period of 20 years from the filing date.

The Three Patentability Criteria — under Sections 2(6), 2(7), 2(10) and 2(19):

CRITERION 1 — §2(10)

Novelty

The invention must not form part of the prior art — it must not have been publicly disclosed anywhere in the world before the priority date, whether by publication, use, display, oral or written means.

CRITERION 2 — §2(7)

Inventive Step

The invention must constitute a technological advance over existing knowledge and not be obvious to a person having knowledge and experience in the particular technology field.

CRITERION 3 — §2(19)

Industrial Applicability

The invention must be capable of being manufactured or applied in any industry — it must have a known utility, technical characteristics, and be applicable in practice.

🚫 WHAT CANNOT BE PATENTED — Section 6

The following are excluded from patent protection under Section 6 of the Bangladesh Patent Act, 2023:

✗Discoveries, scientific theories, mathematical methods

✗Business methods, mental tasks, game rules, computer programs

✗Surgical, therapy and diagnostic methods for humans or animals

✗Plants, animals, seeds, varieties, biological processes

✗Inventions contrary to public order, morality, or harmful to health

✗Frivolous inventions or those contrary to natural laws

✗Traditional knowledge or combinations of known materials

✗Atomic energy-related inventions (Section 7)

✗Agricultural and horticultural methods

✗Literary, dramatic, musical or artistic works

Note: Pharmaceutical products and agrochemical products are currently exempt from patent protection in Bangladesh per TRIPs Council decisions (§6(2)), with the Government having the power to extend or reduce this exemption period.

Who Can Apply for a Patent in Bangladesh?

Under Section 4 of the Bangladesh Patent Act, 2023, the following persons are entitled to apply for a patent:

§4(a)

Any person claiming to be the proper and first inventor of the invention

§4(b)

The assignee of the proper and first inventor

§4(c)

The legal representative of a deceased person who was entitled to apply

§4(d–e)

Joint inventors — if two or more persons jointly invent, all shall have patent rights. If invented independently, the first to file obtains the patent right.

§4(g–h)

Employer's rights: If an invention is made by an employee pursuant to a contract of employment, or using the employer's equipment/data/resources, the patent rights vest in the employer, unless the contract expressly states otherwise.

Domestic

🇧🇩 Bangladeshi Applicants

Any Bangladeshi individual, company, or institution may apply directly at the DPDT — individually or jointly.

Foreign

🌍 Foreign Applicants

Foreign applicants must appoint a registered local Patent Representative (§64) — applications cannot be filed directly by foreign entities.

Types of Patent Applications in Bangladesh

OPTION A — §8(4)

With Provisional Specification

File an application with a Provisional Specification first — a brief description of the invention to establish a priority date before the full details are finalised.

⏱ Key deadline: The Complete Specification must be filed within 12 months of the provisional filing date (§8(4)(a)).

OPTION B — §8(4)

With Complete Specification

File directly with a Complete Specification (Form-3A) — the full, detailed description of the invention including all claims, abstract, and drawings.

💡 Recommended when the invention is fully developed and ready for examination.

OPTION C — §5

Convention Priority Application

File claiming priority from an earlier foreign application, under the Paris Convention. The priority period is 12 months from the first foreign filing date (§5(e)).

🌍 For foreign applicants: Must file priority documents within 90 days (§15(1)).

Divisional Applications (§14): If a patent application covers more than one invention, the Director General may require it to be divided. A Divisional Application must be filed within 3 years of the original application date, and a maximum of 3 divisional applications are permitted.

Patent Registration Process in Bangladesh — Step by Step

The Bangladesh Patent Act, 2023 introduces a modern, structured 9-step framework for patent registration — with defined timelines for filing, examination, publication, opposition, and grant. Below is a complete breakdown of each stage under the new law.

36 mo

Exam Request

18 mo

First Publication

6 mo

Pre-Grant Opposition

24 mo

Post-Grant Challenge

STEP 1 Filing the Application — Section 8 & 16

The applicant submits the patent application to the DPDT in the prescribed form with the required fee. The date of receipt = official filing date (§16). Applications may be filed with a Provisional Specification (to secure a priority date early) or directly with a Complete Specification.

Who can apply?

The inventor Legal representative Assignee Joint inventors Employer (if made at work)

Required documents

→Application form (prescribed format)

→Complete or Provisional Specification

→Claims, abstract and technical drawings

→Power of Attorney (if filed via agent)

→Inventor declaration & ownership statement

→Certified priority document (within 90 days, if claiming priority)

→INN disclosure for pharmaceutical inventions (within 30 days — §8(9))

→Biological resource origin & traditional knowledge (§8(13))

📋 Provisional Specification: If filed provisionally, the Complete Specification must be submitted within 12 months (§8(4)(a)). Foreign applicants must file via a registered local patent representative (§64).

STEP 2 Request for Examination — Section 21 ⏱ Within 36 Months

A patent will not proceed automatically — the applicant must formally request examination within 36 months of the filing date (extendable by up to 3 additional months with penalty fees). Failing to request examination within this period results in the application being deemed abandoned.

Deadline: 36 months from filing date

Extension: Up to 3 months with surcharge

If missed: Application abandoned

STEP 3 Formality Examination — Section 22

The DPDT checks the application for completeness and formal correctness — ensuring all required documents are submitted, the specification is properly formatted, and all mandatory disclosures have been made.

✓All documents present and correctly filed

✓Specification properly formatted per §8(5–6)

!Deficiencies must be corrected within given period — failure = abandonment

STEP 3A Patent Searching During Examination — Section 23

The DPDT examiner conducts a prior art search to assess whether the invention is genuinely new and inventive. The examiner investigates whether the invention was previously published, used, or publicly known in Bangladesh or abroad.

→Examiner checks if similar applications have been filed or published anywhere in the world

→Applicant must prove novelty, inventive step, and industrial applicability

→Disclosures made without the applicant's consent do not bar patentability under certain conditions

→If deficiencies are found, the applicant is given an opportunity to respond — failure to comply results in the application being deemed abandoned (§8(12))

STEP 4 First Publication — Section 17 ⏱ 18 Months from Filing

After 18 months from the filing date, the DPDT automatically publishes the patent application on the official website and/or gazette — making it publicly accessible for inspection. The applicant may also request early publication before 18 months with an additional fee (§17(4)).

Publication includes

→Title & abstract of invention

→Applicant name, address & nationality

→Filing date & number

→Priority number & date (if any)

→Patent classification

→Key drawings (where applicable)

Note: Until publication, the invention is not considered prior art against third parties. The applicant may not institute infringement proceedings until the patent is actually granted (§17(5)).

STEP 5 First / Pre-Grant Opposition — Section 19 ⏱ 6 Months after Publication

After publication, the patent cannot be granted for 6 months — this is the mandatory pre-grant opposition window. Any person may oppose the grant during this period by submitting written notice with supporting evidence.

Grounds for Opposition

→Lack of novelty or inventive step

→Not patentable under §6, §7, or §8

→Public disclosure before filing

→Failure to disclose foreign applications (§15)

→Inadequate disclosure or false information

→Traditional knowledge or biological resource conflict

Process & Outcome

→Opponent submits written notice + evidence

→Applicant allowed to respond with counter-evidence

→Director General conducts hearings

→May reject opposition / amend claims / refuse patent

→Written reasoned order within 1 month of decision

STEP 6 Grant or Refusal of Patent — Section 24

After examination and the expiry of the pre-grant opposition period, the Director General (Registrar) reviews all submissions and makes a final decision — either grant or refuse the patent.

✅ If Granted

Patent is entered in the register and proceeds to publication (Step 7)

❌ If Refused

Rejection notice issued within 30 days. Applicant may respond or appeal to the appropriate authority.

STEP 7 Second Publication — Section 24(2)

Once the patent is granted, it is published again on the official website — this is the second and final publication. This publication triggers the post-grant opposition window (Step 8) and officially notifies the public of the granted patent rights.

✅Patent certificate issued

✅Entry in official patent register

✅Exclusive rights now enforceable

STEP 8 Second Opposition / Post-Grant Challenge — Section 20 ⏱ Within 24 Months of Grant Publication

Even after a patent is granted and published, any interested person may file a post-grant opposition within 24 months of the second publication date (§20). This is the final opportunity to challenge a granted patent before the DPDT.

Grounds Include

→Earlier priority date by another applicant

→Invention was publicly known or used before filing

→Lacks novelty or inventive step

→Not patentable under §2(6), §2(7), or §6

→Inadequate or unclear claims / disclosure

→False/incomplete information under §15

→Undisclosed biological resource or traditional knowledge

Process & Outcome

→Director General notifies the patentee

→Patentee may respond with counterstatement

→Hearing conducted — both parties present evidence

→DG may maintain, amend, or revoke the patent

→Reasoned order within 1 month of decision

STEP 9 Sealing and Letter of Patent — Section 25

If no post-grant opposition is filed (or the opposition is resolved in the patentee's favour), the applicant must pay the sealing fee. Upon payment, the Letter of Patent is issued — this is the official patent document granting full exclusive rights over the invention for the entire 20-year term.

📜

Letter of Patent

Official patent document issued

⚖️

Exclusive Rights

Fully enforceable from grant date

📅

20-Year Term Begins

From the filing date of complete spec

🔁

After Grant — Section 28

Patent Annuity (Annual Renewal Fees) in Bangladesh

A patent in Bangladesh remains valid for 20 years from the filing date — but this protection is conditional upon payment of annual renewal (annuity) fees. Failure to pay results in automatic lapse of the patent and loss of all exclusive rights.

First 5 Years

No Fee Required

Years 1–5: no payment needed

From Year 6

Annual Fee Due

Pay before start of each year

Grace Period

3 Months + Surcharge

Late fee applies after deadline

Missed Payment

Patent Lapses

All rights lost immediately

❌ If You Don't Pay

The patent is cancelled. All exclusive rights are lost. The invention enters the public domain and you can no longer use or license it exclusively.

🔄 Restoration Possible

A cancelled patent may be restored within 2 years of cancellation — subject to valid justification for the delay, payment of all pending renewal fees, and a restoration fee. The Director General must be satisfied with the explanation.

Quick Reference

Patent Validity 20 years from filing/priority date

First Fee Due Before the end of Year 5 (to cover Year 6)

Grace Period 3 months with surcharge (late fee)

Lapse Consequence Cancellation — all exclusive rights lost

Restoration Window Within 2 years of cancellation, with valid reason

What Must the Patent Specification Contain in Bangladesh?

Under Section 8(6) of the Bangladesh Patent Act, 2023, every Complete Specification must include all of the following:

§(a)

Full Technical Description

Complete, clear, concise description of each element of the invention for a person skilled in the art.

§(b)

Best Method of Working

Detailed description of each step/method, including the best mode of performing the invention known to the applicant at the filing/priority date.

§(c)

Claims

One or more claims specifying the features of the invention claimed for protection. Must be clear, concise and fully supported by the description.

§(d)

Abstract

Technical summary — must not exceed 300 words unless specifically required.

§(f)

Drawings / Diagrams

One or more drawing diagrams as required for clear disclosure of the invention or as directed by the Director General.

§13

Biological Resources Disclosure

If the invention uses biological resources, their source and geographical origin, and any associated traditional knowledge, must be disclosed (§8(13)).

Patent Term and Annual Fees in Bangladesh

Years — Full Patent Term
(from filing date — §28)

Year 6+

Annual Fees Start
Free for first 5 years

2 Years

Restoration Window
After lapse — §28

Under Section 28 of the Bangladesh Patent Act, 2023, a patent is valid for 20 years from the filing date. To keep it in force, the owner must pay annual renewal (annuity) fees. For detailed annuity schedule and grace period rules, see the section below.

Annual Renewal (Annuity) — Key Rules

First 5 Years

No renewal fee

No payment required for Years 1–5

From Year 6

Annual payment due

Pay before start of each year

Grace Period

3 months + surcharge

Late fee applies after deadline

Missed Payment

Patent lapses

All exclusive rights lost

Restoration

A lapsed patent may be restored within 2 years of cancellation — subject to valid justification, payment of pending renewal fees, and a restoration fee. The Director General must be satisfied with the explanation for the delay.

⚠ Key change from 1911 Act: The old Act had a 16-year initial term extendable to 20. Under the Bangladesh Patent Act, 2023, the term is a flat 20 years — fully aligned with the TRIPS Agreement.

Rights of a Patent Owner in Bangladesh

Under Section 25 of the Bangladesh Patent Act, 2023, a patent owner holds the following exclusive rights:

🏭

Exclusive Manufacture

The right to manufacture, use, import, sell or offer for sale the patented product or process exclusively.

🚫

Right to Exclude

The right to prevent any third party from exploiting the invention without authorisation.

💰

Licensing & Assignment

License, assign, or transfer the patent right to others, including exclusive licensing (§31).

⚖️

Legal Enforcement

The right to institute infringement proceedings in the District Court (§44–45) and seek injunctions, damages, and destruction of infringing goods (§47–49).

📈

Commercial Asset

The patent can be inherited, assigned, or transferred — it is a legally recognised commercial asset (§4(f)).

🛡️

Protection Against Parallel Imports

Subject to §60, patent rights may extend to controlling importation of patented products into Bangladesh.

Exceptions (§62): Patent rights do not extend to acts done privately and non-commercially, acts for experimental or research purposes, use for teaching and education, acts for obtaining regulatory approval (Bolar exemption), and prior use by third parties before the priority date.

Patent Registration in Bangladesh for Foreign Companies

§64

Local Patent Representative Mandatory: All foreign applicants must appoint a registered Patent Representative under Section 64. Unregistered representatives are prohibited (§67). Applications cannot be filed directly by foreign entities.

§5(e)

Priority Period — 12 Months: Under the Paris Convention, a convention priority application must be filed in Bangladesh within 12 months of the first foreign filing date to claim priority.

§15

Foreign Application Disclosure: If you have filed the same or similar application abroad, you must submit all related foreign examination results, grant notices, rejections, and status updates to the DPDT — either with your application or within 90 days, and then every 6 months until grant or rejection (§15(1)–(3)).

§18

National Security: Applications relating to national security are kept confidential and cannot be filed abroad until clearance is received from the DPDT (§18(3)).

NOTE

Bangladesh is NOT a PCT member. International patent applications under the Patent Cooperation Treaty (PCT) cannot designate Bangladesh. All applications must be filed directly with the DPDT as national applications. However, Bangladesh is a Paris Convention member, allowing priority claims within 12 months.

Key Tips for a Successful Patent Application in Bangladesh

File before any public disclosure — under §2(10), any public disclosure before the priority date destroys novelty and makes the invention unpatentable. File first, disclose after.

Understand the new 2023 law — the Bangladesh Patent Act, 2023 came into force on 27 February 2025. It introduces significant changes including a 20-year term, new opposition procedures, and stricter disclosure requirements.

File a Provisional Specification early — to secure a priority date while the full invention is being developed. But remember: the Complete Specification must be filed within 12 months (§8(4)(a)).

Draft claims carefully and strategically — the claims define the legal scope of your patent. Weak or overly broad claims can leave your invention vulnerable. Always engage a qualified patent attorney.

Disclose foreign applications promptly — if you have filed abroad, you must disclose all related examination results and status to the DPDT within 90 days and update every 6 months (§15). Failure results in rejection.

Monitor the publication date — the DPDT publishes your application 18 months after filing. After publication, any person may file a pre-grant opposition within 6 months. Be prepared to respond.

Pay annual renewal fees on time — annual fees keep your patent in force throughout the 20-year term. A lapsed patent means loss of all exclusive rights.

Foreign applicants must act within 12 months of their home-country filing to claim Paris Convention priority in Bangladesh. After 12 months, priority is permanently lost.

Disclose biological resources — if your invention uses biological resources, their source, geographical origin, and associated traditional knowledge must be disclosed in the specification (§8(13)). Failure to do so is grounds for opposition.

10.

Engage an experienced IP law firm — patent prosecution under the new 2023 Act requires deep knowledge of the new procedures, examination standards, and opposition mechanisms. Professional guidance makes all the difference.

FAQ