Which Inventions Are Not Patentable in Bangladesh?

The Bangladesh Patent Act, 2023, effective from 27 February 2025, sets out a modern framework for patent protection. However, not every invention is eligible for patent protection. Sections 6 and 7 of the Act specifically outline categories of non-patentable subject matter and restrictions on inventions related to atomic energy.

Here is a clear and detailed explanation of these two important sections:

🔒 Section 6: What Cannot Be Patented in Bangladesh?

Section 6 provides a comprehensive list of subjects and inventions excluded from patent protection, primarily for legal, ethical, public interest, or scientific reasons.

❌ The Following Are Not Patentable:

Abstract Concepts:
- Discoveries, scientific theories, and mathematical methods.
Mental or Business Methods:
- Business practices, mental acts, game rules, computer programs, and algorithms.
Medical Methods:
- Surgical, therapeutic, or diagnostic methods applied to the human or animal body.
Use of Natural Materials:
- Natural substances or organisms merely discovered in nature or known previously, including their uses or methods unless significantly modified.
Plants and Animals:
- Plant and animal varieties, seeds, biological processes for their production, and any natural biological materials—except for human-made microorganisms.
Immoral or Harmful Inventions:
- Inventions against public order, morality, human/animal/plant life, health, or environment.
Frivolous or Insignificant Inventions:
- Trivial or naturally occurring processes that add no substantial inventive value.
Simple Mixtures:
- Substances obtained through aggregation of known components without new functionality.
Combinations of Devices:
- Mere arrangements or duplications of known devices without innovation.
Agricultural Methods:
- Methods of cultivation or horticulture.
Artistic Creations:
- Literary, dramatic, musical, artistic works, films, broadcasts, etc. (These are protected under copyright law.)
Pure Data Descriptions:
- Mere presentation or arrangement of information.
Integrated Circuits:
- Layout designs of integrated circuits.
Traditional Knowledge:
- Inventions based solely on traditional knowledge or known materials’ combination.
New Uses of Known Products:
- Discovering a new use, form, or property of a known substance without creating a new product.
Broad Claims Covering Prior Art:
- Generic claims that overlap known subject matter without sufficient novelty.

🔎 Note: Until the TRIPS Council decides otherwise, pharmaceutical and agrochemical products remain excluded from patent protection in Bangladesh, although the government may extend this timeline via gazette notification.

Section 7 restricts patents for inventions involving nuclear or atomic energy, due to national safety and international obligations.

❌ No Patent Will Be Granted For:

Inventions related to the production, control, use, or disposal of atomic energy.
Processes involving mining, extraction, or treatment of radioactive substances.
Any technology that impacts nuclear safety, including design, maintenance, or operational aspects of nuclear facilities.

This prohibition aligns with global best practices to ensure national security, environmental protection, and public health.

✅ Summary Table

Category	Patentable?	Section
Scientific theory or math method	❌ No	Sec. 6
Medical treatment for humans/animals	❌ No	Sec. 6
New use of known substance	❌ No	Sec. 6
Atomic energy-related inventions	❌ No	Sec. 7
Human-made microorganisms	✅ Yes	Sec. 6
Copyright/Art/Music/Films	❌ No	Sec. 6
Traditional knowledge-based inventions	❌ No	Sec. 6
Pharmaceutical products (TRIPS waiver)	❌ Temporarily	Sec. 6(2)