Industrial Design Registration in Bangladesh: Step-by-Step Process

The Bangladesh Industrial Design Act, 2023 sets out a clear and structured process for registering industrial designs. It aims to protect designs that are new, original, and visually appealing. This article provides a step-by-step guide to the registration process—from filing to certification—based on Sections 7 to 15of the Act.

✅ Step 1: Application Submission & Filing Date Recognition

(Covers Sections 7 & 8 of the Bangladesh Industrial Design Act, 2023)

📝 1. Who Can Apply?

According to Section 7(2):

• The original creator (designer) of the industrial design;
• A person who has acquired the design rights through a legal assignment;
• Legal representative of the deceased designer;
• In the case of joint designers, any or all of them jointly;
• In the case of companies, the authorized person.

📂 2. What Must the Application Contain?

Under Section 7(1) and relevant rules, an industrial design application must include:

📍 3. Filing Method

• The application must be filed physically or electronically with the Department of Patents, Designs and Trademarks (DPDT).
• If filed electronically, digital copies of design drawings must meet the required DPI, size, and clarity standards.

📆 4. Filing Date Recognition (Section 8)

• The official date of filing is recognized only after:
  • All mandatory elements (as per Section 7) are submitted;
  • The application is complete in form and the prescribed fees are paid.
• This filing date is critical, as it determines:
  • Priority rights;
  • Start of protection upon registration;
  • Examination timelines;
  • Deadline for claiming foreign priority (within 6 months).

🔁 5. Multiple Designs in One Application

• Under Section 7(3), the applicant may include multiple articles in a single application only if the design remains the same.
• If the designs differ by product category or concept, separate applications must be filed.

⚠️ 6. Incomplete Applications

• If the application lacks mandatory elements (e.g., missing design representation, wrong fee), the DPDT will issue a notice of deficiency.
• The applicant has 3 months to correct it (extendable by 2 months with justification).

🛡️ 7. Importance of Filing Date

• The filing date acts as the legal cut-off for evaluating the novelty of the design.
• Any design disclosed before the filing date may invalidate the application unless priority is properly claimed.

📎 Summary Checklist for Step 1:

• [✅] Complete Form with Applicant Info
• [✅] Multiple Design Views Attached
• [✅] Mention of Article(s) Covered
• [✅] Optional Novelty Statement
• [✅] Fee Paid
• [✅] Priority Documents (if claimed)
• [✅] Filing Date Confirmed by DPDT

🔍 Step 2: Examination Process & Objection Handling

(Covers Sections 9, 10, 11, and 12 of the Bangladesh Industrial Design Act, 2023)

📑 Overview:

Once an industrial design application is officially filed and acknowledged, it undergoes a two-tier examination by the Department of Patents, Designs, and Trademarks (DPDT):

1. Formal Examination – checks procedural completeness.
2. Substantive Examination – checks legal compliance and novelty.

📌 A. Formal Examination

(Section 9)

The DPDT first conducts a preliminary (formal) examination to ensure:

• The application contains all mandatory elements as per Section 7;
• The prescribed filing fee has been paid;
• Design drawings or photos meet visual clarity standards;
• Applicant details are complete and legible.

🔁 If Incomplete:

• DPDT will issue a notice of deficiency;
• Applicant must comply within 3 months;
• An extension of up to 2 additional months may be granted for justified reasons;
• If not corrected in time, the application may be treated as abandoned.

🧠 B. Substantive Examination

(Sections 10 & 11)

Once the formal check is cleared, the application proceeds to technical/legal examination to assess:

✅ 1. Novelty Requirement (Section 10)

A design is registrable only if it is:

• New (Novel) – not disclosed anywhere before the filing or priority date;
• Distinctive – visually distinguishable from existing designs;
• Industrial Applicability – can be applied to an article through any industrial process.

🧾 The design must not have been:

• Publicly disclosed in Bangladesh or abroad before the application;
• Published in a prior journal or database;
• Used in commerce;
• Previously registered or pending in Bangladesh;
• A part of commonly used industrial shapes unless modified with clear creativity.

🚫 2. Non-Registrable Categories Checked (Section 4 cross-referenced)

Substantive examination also ensures the design does not fall under exclusion, such as:

• Designs dictated purely by technical function;
• Offensive designs;
• Unregistered prior designs;
• Designs containing national symbols or emblems.

🔎 3. Overlapping or Conflicting Designs (Section 11)

The examiner also checks whether:

• The same or a similar design is already filed or registered;
• The design is identical or deceptively similar to prior rights;
• The design is only a rearrangement of previously known components.

✉️ C. Issuance of Examination Report

(Section 12)

If any objection arises, the DPDT will issue an official Examination Report to the applicant, outlining:

• The reasons for refusal or objections;
• Required amendments or clarifications;
• Legal or technical grounds of concern.

🕒 D. Time to Respond

• The applicant must respond within the period mentioned in the report (usually 1–3 months);
• The reply may include:
  • Legal arguments;
  • Clarifications;
  • Amendments;
  • Evidence of novelty (e.g., proof of priority claim);
• If the applicant fails to respond, the application will be deemed withdrawn or refused.

⚖️ E. Opportunity to Amend

Applicants may be allowed to amend the drawings, description, or representation if:

• It does not change the design's essence;
• It resolves the examiner's objections;
• It’s submitted within the specified timeline.

📌 Summary Table: Step 2 — Examination & Objections

📢 Step 3: Acceptance, Publication & Opposition

(Covers Sections 13, 14 & 15 of the Bangladesh Industrial Design Act, 2023)

Once a design successfully passes the formal and substantive examination stages, it enters the final pre-registration phase. This step ensures transparency, public notice, and a chance to oppose improper registrations.

🟢 A. Acceptance of the Design

(Section 13)

The Department of Patents, Designs and Trademarks (DPDT) will accept the design if:

1. The design passes both formal and substantive examinations;
2. There are no outstanding objections;
3. No conflicting prior rights are identified;
4. The design is not excluded under Section 4;
5. If objections were raised, the applicant has successfully overcome them through written response or hearing.

Once accepted, the DPDT:

• Records the design in the official Register of Designs;
• Prepares it for publication.

📌 Note: The acceptance is provisional—it becomes final only after the opposition period lapses or is resolved in the applicant's favor.

📢 B. Publication in the Official Journal

(Section 14)

After acceptance, the design is:

• Published in the Design Journal or DPDT website as an official notice;
• The publication includes:
  • Design number;
  • Name of applicant;
  • Article to which the design applies;
  • Visuals or drawing of the design;
  • Class number (Locarno Classification).

📌 Purpose: This acts as a public invitation for anyone to examine the design and raise an opposition, if necessary.

⏳ C. Opposition Proceedings

(Section 15)

Anyone who believes the accepted design should not be registered may file an opposition.

⚠️ 1. Opposition Period

• Must be filed within 2 months (60 days) from the date of publication.

🧾 2. Who Can Oppose?

• Any person or legal entity with an interest—especially:
  • Owners of similar prior designs;
  • Competitors who believe the design is copied or not new;
  • Public interest groups (if the design violates morality or law).

📄 3. Grounds for Opposition

Typical reasons include:

• The design is not new or not distinctive;
• It has been published or used prior to the filing date;
• It is similar to an existing registered design;
• It violates public order, morality, or includes national emblems;
• The applicant is not the rightful owner or designer.

⚖️ 4. Procedure After Opposition

• DPDT notifies the applicant and gives them a copy of the opposition;
• The applicant has a chance to file a counter-statement;
• Both parties may be asked to submit:
  • Affidavits (evidence),
  • Legal arguments,
  • Supporting documents;
• DPDT may conduct a hearing before giving its final decision.

📌 If the opposition succeeds: the application is rejected.
📌 If the opposition fails: the design proceeds to registration and certification.

🛡️ 5. No Opposition Filed?

If no opposition is received within 2 months of publication, the application proceeds automatically to registration.

📊 Summary Table: Step 3 — Acceptance, Publication & Opposition

✅ Final Outcome:

• If no opposition or opposition is dismissed → Design is registered and certificate issued.
• If opposition succeeds → Application is refused.

🏆 Final Outcome: Certificate of Registration

Once all prior steps—filing, examination, publication, and opposition (if any)—are complete and the application is accepted by the Department of Patents, Designs & Trademarks (DPDT), the applicant becomes entitled to official registration and a certificate.

📝 Legal Basis

This stage is governed primarily by:

• Section 13: Rights from Registration
• Section 15(1): Term of Registration
• Section 21: Issuance of Certificate

✅ What Happens After Opposition Period or Successful Defense?

If:

• No opposition is filed within the 60-day window, or
• The applicant successfully overcomes any filed opposition,

Then the DPDT enters the design in the Register and proceeds to issue a Certificate of Registration.

📜 Contents of the Certificate

The certificate includes:

• Design registration number;
• Date of registration;
• Name of the applicant (or proprietor);
• Class under Locarno Classification;
• Description and/or image of the design;
• Article or product to which the design is applied;
• Filing date and renewal period.

🎯 Legal Rights of the Registered Proprietor (Section 13)

Upon registration, the applicant gains exclusive rights to:

1. Use the design on the registered article.
2. Stop others from using, copying, reproducing, or selling the design without consent.
3. Assign or license the design to third parties (with proper documentation).
4. Take legal action in case of infringement (civil remedies available).

⏳ Duration of Registration (Section 15)

• Initial Term: 10 years from the filing or priority date.
• Renewals: Can be renewed 3 times, each for 5 years.
• Total Possible Term: Up to 25 years (10 + 5 + 5 + 5).

📌 Renewal must be applied before expiry, with a 6-month grace period allowed (with additional fees).

📊 Industrial Design Registration Process in Bangladesh — Summary Table