The short answer
A Bangladesh patent lasts 20 years from filing or the priority date and covers the whole country (Sections 27 and 28). The owner can stop others making, using, offering, selling or importing the patented product, or using the patented process (Section 25). Bangladesh follows international exhaustion, so a parallel import of a genuine patented product is not infringement (Section 60). Section 62 excludes personal and non-commercial acts, education, testing and research, pharmacy prescriptions, prior good-faith use and temporary use on foreign vehicles. Falsely claiming a patent can lead to compensation of up to BDT 50,000 (Section 54).
What the owner can stop (Section 25)
| Patent covers | The owner can stop others without permission from |
|---|---|
| A product | Making, using, offering for sale, selling or importing it into Bangladesh for those purposes |
| A process | Applying or using the process, and using, offering for sale, selling or importing the product made by it, for those purposes |
The patent has effect throughout Bangladesh and only one patent can be granted for one invention (Section 27). It runs 20 years from the filing date or priority date, as long as annual fees are paid (Section 28). See patent annuities for the fee schedule.
Exceptions and limits
| Section | Exception |
|---|---|
| 60 | International exhaustion applies. Parallel import of a patented product that a person placed on the market in any country is not infringement |
| 61 | The Section 25 rights do not apply to acts to develop and file information required by a law regulating the making, use, sale, import or export of a product, in Bangladesh or elsewhere (a regulatory-approval exception) |
| 62(a) | Acts for personal or non-commercial purposes |
| 62(b) | Acts for education, testing or research |
| 62(c) | Preparation of medicines in a pharmacy, or by a doctor on a prescription, and use of medicine so prepared |
| 62(d) | Good-faith acts before the filing or priority date by a person who had already begun to use the invention |
| 62(e) | Temporary use of the invention on a foreign vessel, aircraft or land vehicle in Bangladesh |
| 29 | Government may import pharmaceutical products for its own use or for notified public hospitals and dispensaries |
False claims and misuse of the DPDT name
- Making a false entry in the patent register, or a false copy of one, is a breach of the Act with compensation of up to BDT 50,000 (Section 54(2)).
- Falsely saying a product or process sold is patented, or that a patent application is pending, in Bangladesh carries the same compensation (Section 54(3)).
- Using the name of the Department of Patents, Industrial Designs and Trademarks, or words that suggest your business is the patent registry, carries compensation of BDT 50,000 (Section 54(4)).
- When a company breaches the Act, each person in charge and each person managing its affairs is treated as having breached it (Section 54(5)).
A patent pending is not a patent. Marking a product "patented" before grant can fall within Section 54(3).
Patent rights questions
How long does a patent last in Bangladesh?
Twenty years from the filing date or priority date, if annual fees are paid (Section 28).
Is parallel importing allowed?
Yes. Bangladesh applies international exhaustion, so parallel import of a genuine patented product is not infringement (Section 60).
Can I use a patented invention for research?
Acts for education, testing or research are excluded from the patent rights (Section 62(b)).
Can I label a product "patented" while the application is pending?
No. A false statement that a product is patented, or that an application is pending, can lead to compensation of up to BDT 50,000 (Section 54(3)).
Can I sue before the patent is granted?
No. See the rule in Section 17(5).
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