The Bangladesh Patent Act, 2023, which came into effect on 27 February 2025, represents a significant overhaul of the country's intellectual property regime, replacing the outdated colonial-era legislation. This new Act introduces a modern, structured framework for patent registration and enforcement that aligns with international standards and the TRIPS Agreement. Key reforms include an extended patent term of 20 years, clearly defined patentable subject matter, explicit exclusions such as traditional knowledge and medical treatment methods, and stronger enforcement mechanisms, including civil, criminal, and border protection measures.

Additionally, the Act recognizes utility model patents and emphasizes compliance with global practices, paving the way for potential future accession to the Patent Cooperation Treaty (PCT). The reforms aim to foster innovation, provide greater legal clarity for inventors and businesses, and enhance Bangladesh’s competitiveness in the global knowledge economy.

🔍 Step-by-Step Registration Guide

The Bangladesh Patent Act, 2023 introduces a modern framework for patent filings, including defined timelines and procedures for examination, publication, opposition, and pre-grant decisions. Below is a detailed article combining the legal insights from Sections 16 to 23.

Below is a simplified, step-by-step explanation of how to register a patent in Bangladesh under the new Act 2003.

✅ Step 1: Filing the Application

Who can apply?

  • The inventor, their legal representative, or an assignee can file the application.

Where to apply?

  • The application must be filed with the Directorate of Patents, Designs & Trademarks (DPDT).

What documents are required?

  • Title and complete specification of the invention
  • Claims, abstract, and technical drawings (if applicable)
  • Power of Attorney (if submitted via an agent)
  • Inventor’s declaration and ownership statement
  • Certified copy of priority document with English translation (if claiming priority)

If filing a provisional application:

  • A complete specification must be submitted within 12 months.

Special cases under Section 8:

  • If the invention relates to pharmaceuticals, the INN (International Nonproprietary Name) must be disclosed within 30 days of learning it.
  • If biological resources or traditional knowledge are involved, their origin must be declared in the specification.
  • Foreign applicants may be directed to adapt the description to suit the general skills of Bangladeshi citizens before a patent is granted.

Once a patent application is received, the Registrar (Director General) will record the filing date based on the documents submitted.
This date serves as the official application date, subject to completeness of documentation.

✅ Step 2: Request for Examination

  • The applicant must formally request examination within 36 months of filing (extendable by 3 months).
  • A late request may be accepted up to 3 additional months with penalty fees.
  • Failing to do so will result in the application being deemed abandoned.
  • A request for early publication may be filed to speed up the process.

✅ Step 3: Formality Examination

  • The DPDT checks the application for completeness and correctness.
  • If there are deficiencies, they must be corrected within a given period.
  • Failure to correct may result in abandonment of the application.

✅ Step 3A: Patent Searching During Examination

If any prior disclosure is found related to the invention:

  • The examiner investigates whether the invention was published, used, or publicly known in Bangladesh or abroad;
  • The applicant must prove that the invention is novel, inventive, and industrially applicable;
  • Examiner considers whether similar applications have been filed or published anywhere else;
  • Disclosures made without applicant’s consent do not bar patentability under certain conditions.

✅ Step 4: First Publication

  • The application is published 18 months after the filing date.
  • If an early publication is requested (with an additional fee), it may be published earlier.
  • The publication must include: title, applicant’s name, address, filing date, abstract, and claim information.
  • If an invention relates to traditional knowledge or geographical indications, such info must also be disclosed;
  • Until publication, the invention is not considered prior art against others.

✅ Step 5: First/Pre-Grant Opposition

  • Within 6 months of Publication, any person can oppose the grant of a patent;
  • Grounds include:
    • Lack of novelty or inventive step;
    • Not patentable under Sections 6, 7, or 8;
    • Public disclosure before filing.
    • Failure to disclose foreign applications as required by Section 15;
    • Inadequate disclosure or false information.
  • The opponent must submit a written notice with supporting evidence.
  • The applicant is allowed to respond and provide counter-evidence.
  • The Director General will conduct hearings and may:
    • Reject the opposition;
    • Ask for the amendment of claims.
    • Refuse the patent.
  • A reasoned written order must be issued, and the matter should be resolved within 1 month after decision.

✅ Step 6: Grant or Refusal of Patent

  • The Registrar examines all submissions and will either grant or refuse the patent.
  • If refused, a rejection notice is issued within 30 days, and the applicant can respond or appeal.

✅ Step 7: Second Publication

  • If the patent is granted, it is published again in the official journal.

✅ Step 8: Second Opposition/After Grant

  • After a patent is granted under Section 24(2), any interested party may file a post-grant opposition within 24 months, along with supporting evidence.

Grounds for opposition include:

  • The invention was already claimed in another application with an earlier priority date;
  • The invention was known or used by the public in Bangladesh or elsewhere;
  • The invention lacks novelty, inventive step, or industrial applicability;
  • It does not qualify as a patentable invention under Sections 2(6), 2(7), or 6;
  • Inadequate disclosure or unclear claims;
  • False or incomplete information provided under Section 15;
  • Misleading or missing reference to biological resources or traditional knowledge.

Process:

  • The Director General will notify the patentee;
  • The patentee may respond with a counterstatement;
  • A hearing will be conducted, allowing both parties to present arguments and evidence;
  • The Director General may order to maintain, amend, or revoke the patent;
  • A reasoned order must be issued within 1 month of decision.

✅ Step 9: Sealing and Letter of Patent

  • If no second opposition is filed or the opposition is resolved, the applicant must pay a sealing fee.
  • The Letter of Patent is then issued, officially granting the rights.

🧠 Additional Notes for Applicants:

  • Declaration of Ownership is mandatory and must be submitted in the prescribed format.
  • The Director General may direct specific adaptations for foreign patents to suit local understanding.
  • The Act promotes transparency in the use of biological resources and prevents unjust exploitation of traditional knowledge.

📌 Key Highlights

  • 💡 Examination Must Be Requested: Patent won't proceed unless the applicant takes initiative within the deadline.
  • 🧾 Evidence is Key: Especially in opposition—strong technical and legal evidence is needed to win.
  • 🗓️ Timelines Matter: Delays can lead to loss of rights or outright dismissal.
  • 🌐 Disclosure of Foreign Filings (Section 15) is crucial—failure may become grounds for opposition.
  • 💡 Request examination early — Delay may lead to rejection.
    ⚖️ Both pre- and post-grant opposition are allowed with strong evidence.
    🗂️ Grant is not automatic — it depends on fulfilling all legal and technical requirements.
    🌐 Foreign filing disclosure (Section 15) is critical.

📌 Conclusion

The new patent regime in Bangladesh demands timely action, proper disclosures, and well-prepared documentation. Whether you're applying or opposing, strategy and timing are everything.