The short answer
Under Section 4 of the Bangladesh Patent Act, 2023 the right to apply belongs to the inventor, the inventor's successor or legal representative, joint inventors, and in many cases the employer or the party that commissioned the invention. If two people invent independently, the first to file wins.
Who is entitled to apply?
| Applicant | Condition |
|---|---|
| Inventor | The first to invent or discover |
| Successor or assignee | Must prove the legal transfer of rights |
| Legal representative | If the inventor died before filing |
| Joint inventors | All are entitled; list every inventor |
| Independent inventors | The first to file gets the patent |
| Employer | Invention made as part of the job, unless agreed otherwise |
| Employer, with its own resources | Invention made by an employee using the employer's equipment, data or know-how, without a contract to invent: the employer, unless the employment contract says otherwise |
Employee and contract inventions
If an employee invents outside their duties and without the employer's resources, the employee may keep the rights. A university researcher who builds a solar panel with university funding and labs may find the university is the proper applicant.
Tip. Settle ownership in the employment or contract terms before the invention exists, and record every assignment in writing.
Patent applicant questions
Can a company apply for a patent?
Yes, as employer, hirer or assignee of the inventor, with proof of the right.
Can foreign inventors apply?
Yes. Appoint a local agent to file for you in Bangladesh.
What if two people invent the same thing?
The first to file is entitled to the patent.
Need help with a patent in Bangladesh?
SUPREMEiP® drafts, files and prosecutes patents in Bangladesh. Send us your invention summary or your question.
