The short answer
A Bangladesh patent can last up to 20 years from the filing date, or from the priority date where priority is claimed, as long as the annual fee is paid (Section 28). The patent is renewed year by year by paying the fee. The fee can be paid up to 3 months late with a late fee, and a patent that lapsed can be restored within 2 years after the renewal deadline. The Act does not set the amounts or the year in which fees begin, so confirm the schedule with the DPDT.
How renewal works (Section 28)
| Point | What the Act says |
|---|---|
| Term | 20 years from the filing date or, where it applies, the priority date (28(1)) |
| Renewal | Pay the previous year's annual fee to renew the patent for the next year (28(2)) |
| Late payment | On application and payment of a late fee, the payment period can be extended by up to 3 months (28(3)) |
| Failure to pay | If the fee is not paid in the time allowed, the patent ceases to have effect (28(4)) and the owner has no right to protect the subject matter (28(5)) |
| Restoration | If the Director General is satisfied that there was a reasonable cause, an application can be made at any time within 2 years after the renewal deadline, with the renewal fee and a restoration fee (28(6)) |
The Act does not state the fee amounts or the year from which annual fees begin. Those come from the fee schedule and rules, which the DPDT applies. Ask for the current schedule before you plan a budget.
What happens if the fee is not paid
- The patent stops having effect and the owner loses exclusive rights to the invention.
- Licences granted under it lose their basis, so check licence agreements for payment duties.
- If there was a reasonable cause for the delay, you can apply to restore the patent within 2 years after the deadline. You pay the unpaid renewal fee and the restoration fee.
How to avoid a lapse
- Put every annuity deadline in a docketing system when the patent is granted.
- Calculate the due dates from the filing or priority date, not from the grant date.
- Ask your agent for written reminders at least 3 months before each date.
- Keep a record of payments and receipts for each year.
Patent annuity questions
How long does a patent last in Bangladesh?
Up to 20 years from the filing date, or the priority date where priority is claimed, if the annual fees are paid (Section 28).
Is there a grace period?
The Act allows the payment period to be extended by up to 3 months on application and payment of a late fee (Section 28(3)).
Can a lapsed patent be revived?
Yes, if there was a reasonable cause, by applying to the Director General within 2 years after the renewal deadline and paying the renewal and restoration fees (Section 28(6)).
Which year do fees start?
The Act does not say. Check the DPDT fee schedule for your case.
Need to keep a patent alive?
SUPREMEiP® tracks annuity deadlines for patents in Bangladesh. Send us the patent number.
