The short answer
The Bangladesh Patent Act, 2023 gives two chances to challenge a patent at the DPDT. Before grant (Section 19), any person can oppose an application after it is published; the patent cannot be granted until 6 months after publication. After grant (Section 20), any interested person can file a notice of opposition with evidence within 24 months of publication of the grant on the DPDT website. The Director General hears both sides and gives a reasoned order. Appeal lies to the High Court Division within 2 months (Section 52).
The two routes side by side
| Before grant (Section 19) | After grant (Section 20) | |
|---|---|---|
| Who | Any person | Any interested person: someone directly or indirectly affected by the grant (Section 2(21)) |
| When | After the application is published under Section 17(2) and before grant. The patent cannot be granted for 6 months after publication | Within 24 months of the publication of the grant on the official website |
| What to file | A notice identifying the application, the reasons and enough evidence | A notice of opposition with evidence |
| Reply | The applicant may file a counter-statement within the time set | The owner may file a counter-statement within the time set |
| Outcome | Reject the opposition; direct amendments before grant; or refuse the patent | Uphold, amend or revoke the patent |
| Order | Reasoned written order, and the parties are told within 1 month of the decision | Reasoned decision notified to both sides within 1 month of the decision |
The grounds you can raise
Both sections list the same ten grounds. The opponent must give evidence for the ground it uses.
- Another complete specification in Bangladesh claims the invention with an earlier priority date.
- The invention was publicly known or used in Bangladesh or elsewhere before the priority date, or it is not new (Section 2(10)).
- It was obvious in light of earlier publications or use and has no inventive step (Section 2(7)).
- It is not industrially applicable or not useful (Section 2(19)).
- The subject is not an invention or not patentable under Section 2(6).
- The subject is excluded by Section 6.
- The specification does not describe the invention and its working fully and clearly as Section 8 requires.
- The applicant failed to give the foreign application information required by Section 15, or gave false or incomplete material information.
- The source and geographic origin of biological resources, and related traditional knowledge, were not disclosed or were stated wrongly.
- Oral or other knowledge suggests the invention already exists in a local or common community in Bangladesh or elsewhere.
How a case runs
File the notice
- Name the application or patent, state the ground and attach evidence. The Director General can require affidavits (Section 58).
Counter-statement
- The applicant or owner answers within the time the Director General sets.
Hearing
- Both sides can present arguments and evidence. The Director General has civil-court-like powers (Section 56).
Order
- A written, reasoned decision, notified within 1 month of the decision. A party aggrieved can appeal to the High Court Division within 2 months (Section 52).
Opposition is separate from a court action to revoke a patent. See revocation and cancellation.
Patent opposition questions
Can anyone oppose a patent application in Bangladesh?
Yes. Before grant, any person may oppose after publication (Section 19).
How long after grant can I oppose?
Within 24 months of publication of the grant on the official website (Section 20).
Who decides?
The Director General of the DPDT, after a hearing.
Can I appeal the decision?
Yes, to the High Court Division within 2 months of the decision (Section 52).
Is opposition the same as revocation?
No. Revocation is a petition or counterclaim before the District Court (Section 33).
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