– Bangladesh Patent Act 2022, in force since April 11, 2022.

– Convention Establishing the World Intellectual Property Organization (WIPO), since May 11, 1985.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 3, 1991.
– WTO’s TRIPS Agreement, since January 1, 1995.

Applicant: any person whether he is a citizen of Bangladesh or not, either alone or jointly with any other person. The applicant must be the first and true inventor or assignee. A firm or company can also apply as assignee. 

Foreigners or nationals not living in Bangladesh: must appoint an agent in Bangladesh. 

Definition of inventions: patents are granted for inventions having utility which are not abstract, comparative, competitive or of commercial utility. The invention should be practical and easy to manufacture. 

Novelty: the invention must not have been used in Bangladesh, publicly known or published.

Exceptions to protection: inventions which do not relate to new methods of manufacture, are not the outcome of inventive ingenuity, have no utility or are contrary to the law or morality, are not patentable.

Specification: a provisional specification must describe the nature of the invention. A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. If the applicant does not enclose a complete specification with his application, he may supply it at any subsequent time within nine months from the date of the application. 

Types of patents: there are four types of patents, namely: (1) ordinary patents; (2) patents claiming priority of date; (3) secret patents; and (4) patents of addition under the law.

Reciprocity application: every reciprocity application for a patent shall contain a declaration that a British application has been made for protection of the invention to which such reciprocity application relates, and shall specify every part of Her Majesty’s dominions in which any such British application has been made and the official date or dates thereof respectively. The application shall be made within twelve months from the date of the first British application, by the person by whom such first British applications was made or by his legal representative or assignee either alone or jointly with any other person.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization is needed);
2. Specification in English in duplicate (plus agent’s copy);
3. Drawings: 2 sets, one set on linen (plus agent’s copy);
4. Priority document if priority is to be claimed (i.e. certified copy of the basic specification); this document must be filed with the application, but an extension of time of up to three months is obtainable on payment of an extra fee;
5. Full name, address, occupation and nationality of both the inventor and the applicant (if an assignee) should be given.

Filing without full requirements: is possible, but in all cases an application form, specification and drawings must eventually be filed. 

Filing without power of attorney: possible, provided that this is filed later (before acceptance of application). 

Filing without any requirements (telegraphic order): possible, provided the agent is given the name of the applicant and sufficient particulars to draft an informal specification. The Registrar, however, may call for an application for amendment, when the formal specification is filed. 

Consular legalization: not required.

Electronic filing: available.

Electronic signatures: are accepted during exceptional circumstances.  Also, scanned copies of wet signed documents or by digital signature can be submitted at the time of filing, but the original document must be submitted within ninety days.

Examination: the Registrar shall refer every application in respect of which a complete specification has been filed to an Examiner. The Registrar may refuse to accept the application or require that the application, specification or drawings be amended before he proceeds with the application.

Advertisement on acceptance of applications: on the acceptance of an application the Registrar shall advertise the acceptance and the specification and drawings, if any, shall be open to public inspection. 

Effect of acceptance of application: after the acceptance of the application and until the date of sealing a patent, it shall have the same privileges and rights as if the patent for invention had been sealed on the date of filing of the application. The applicant shall not be entitled to institute any proceedings for infringement until the patent has been sealed. 

Amendment of application: possible. 

Prior use: prior use of an invention in a public manner is a bar to the granting of valid patent.

Dispute about ownership: settled by the Registrar, after hearing the parties concerned. An appeal against such an order may be made to the government. 

Disputes about novelty: are settled by the Registrar and an appeal against his decision may be made to the government by the parties concerned.

Reasons and procedures for opposition: opposition may be filed on any of the following grounds: (1) that the opponent is the inventor or assignee thereof; (2) that the invention described in the specification is the same as another invention filed previously; (3) that the specification is not clear; (4) that the invention has been publicly used or been made publicly known or published in any part of Bangladesh; (5) that the complete specification does not tally with the provisional specification. An appeal against the decision of the Registrar may be made to the government.

Registration: after the prescribed period for opposition, the application becomes mature for “sealing” of a patent, and on sealing of the patent it is deemed to be registered.

Beginning of protection: on the date accorded to the application. 

Duration: twenty years from the filing date.

Annuities: first four years are free. Only sixteen annuities are payable beginning with fifth annuity, payable at the expiry of the fourth year.

Annuity grace period: three months with late fees.

Revocation: possible in a suit for infringement before a High Court on the grounds mentioned in Section 26 of the Act which includes prior publication or use; lack of novelty, inventiveness or utility; ambiguity; insufficiency; not a first and true inventor; fraud, false suggestion or representation; contrary to law or morality.

Assignment: may be registered.

Validation of invalidated patents: a patent which has lapsed owing to non-payment of any prescribed renewal fee in good time may be restored by the Registrar. The Registrar will not entertain such an application if it appears to him that the omission to pay the renewal fee was intentional or avoidable, and undue delay occurred in making the application.

Opposition to granted patents: same procedure is followed as for revocation of patents.

Compulsory licenses: a compulsory license may be obtained by presenting a petition to the central government (Section 22 of the Act). The petition must contain allegation that the demand for patent right in Bangladesh is not being made adequately or in reasonable terms.

Nullification: if the renewal fees are not paid within the prescribed time.

Infringement: a patentee may bring a suit in a District Court against any person who, during the life of a patent acquired by him in respect of an invention makes, sells or uses an invention without a license and counterfeits or imitates it. The Court may issue injunction and award damages if the infringement is proved.