The Bangladesh Patent Act, 2023, which came into effect on 27 February 2025, provides a modern and structured approach to protecting inventions. One of the most important aspects of this law is identifying who is eligible to apply for a patent. Section 4 of the Act clearly defines the entitled persons who may file a patent application in Bangladesh.
Here’s an easy-to-understand breakdown of Section 4;
🧑🔬 Who is Eligible to Apply for a Patent?
Under Section 4 of the Patent Act, the following persons are entitled to apply for a patent in Bangladesh:
✅ (a) The Actual Inventor
Any person who has invented or first discovered something can claim the right to file a patent.
✅ (b) The True and First Inventor’s Successor
If the inventor has transferred rights or passed away, the person who holds the legal rights (e.g., heirs or assignees) can apply.
✅ (c) Legal Representative of a Deceased Inventor
If the inventor dies before applying, their legal representative can file the application.
✅ (d) Joint Inventors
If two or more people have worked together on the invention, they are all jointly entitled to file the application.
✅ (e) One of Multiple Inventors Acting Independently
If two or more people separately invent the same thing, the one who files first will be granted the patent. In this case, filing date determines the right.
✅ (f) Employee Inventions
If an employee creates an invention as part of their job:
- The employer holds the right to apply for the patent unless otherwise agreed.
- If the invention is unrelated to job duties or not done using the employer’s resources, the employee may retain rights.
✅ (g) Inventions Made Under Commission or Contract
If someone is hired or contracted to invent something, then the hiring party owns the patent rights—unless otherwise stated in the agreement.
💡 Practical Example
If a university researcher invents a new solar panel using university funding and labs, the university may be the rightful patent applicant—not the researcher personally.
📌 Summary Table
| Eligible Party | Conditions |
|---|---|
| Inventor | Must be the first to invent/discover |
| Successor or Assignee | Must prove legal transfer of rights |
| Legal Representative of Deceased Inventor | If the inventor dies before filing |
| Joint Inventors | All inventors must be listed |
| First to File (Multiple Discoverers) | The one who files the patent first gets priority |
| Employer | If invention is created as part of job duties |
| Commissioner (Hirer) | If invention is done under a paid contract |
📚 Legal Source
This summary is based on Section 4 of the Bangladesh Patent Act, 2023. You can view the full law on the official Ministry of Law website:
🔗 bdlaws.minlaw.gov.bd/act-details-1472.html
