IP/Legal Practice in Bangladesh

Ordinary Application

An ordinary patent application is an application that is filed with the Bangladesh Patent Office without claiming priority from any other application under process with any other Patent Office.

Provisional and Complete Application

A provisional specification is often the first application to be filed in respect of an invention. It usually contains only a brief description of the invention and need not contain claims. However, a complete specification must be filed within 9 months from the date of filing of the provisional specification. The complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed.

Convention Application

A convention application is an application that is made in Bangladesh within twelve months after the date of an application made in a convention country, whether claiming single or multiple priorities from such application.

Patents of addition

In accordance with Section 15A of the Patents & design Act 1911, a patent of addition is a mere improvement or modification of an already filed invention. An application of a patent of addition is not granted before the main invention. No renewal fee is required to be paid for the patent of addition and it expires along with the main invention/patent. However, if the main patent is revoked, then the patent of addition may be converted into an independent patent at the request of the applicant(s). Under such circumstances, the same renewal fee must be paid as if the patent has been originally granted as an independent patent.

In accordance with Section 3 of Patent & Design Act, 1911, an application can be made by any of the following persons, either alone or jointly with any other person, whether he/she is a citizen of Bangladesh or not, provided that he/she is:

• The true and first inventor of an invention;
• An assignee is a person claiming to be the true and inventor;
• The legal representative of any deceased person who immediately before his/her death was entitled to make such an application.

1. Name, address, and nationality of the Applicant (s) and inventor (s)
2. Complete Specification in English (comprising description, claims, abstract, and format drawings, if any)
3. Assignment Document in favor of Applicant by the Inventors (where Applicant is not the sole inventor)
4. Power of Authority by Applicant
5. Priority details (including Patent Application number, date, and country of origin) where priority is claimed. A certified copy of the priority document must be filed within 3 months of the filing of the Patent Application in Bangladesh
6. Verified notarized English translation of the priority document if the priority document is in any language other than English.