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Patent Registration in Bangladesh

Patents and Designs Act, 1911

► Application: An application for a patent may be made by any person alone or jointly with any other person. The application must be made in the prescribed form, and must be filed at the Patent Office in the prescribed manner. The patent application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he/she, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification.

► Specifications: A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. The specification must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. The drawings can be supplied at any time before the acceptance of the application, but we suggest for successful patent registration in Bangladesh to file drawings at the time of application printed on tracing papers.

► PCT Application in Bangladesh: In case of claiming priority based on any application filed in any PCT countries the applicant must supply the information of the PCT application at the time of filing the national application and submit certified copy of the specification of the foreign patent application within 90 days time from the date of filing application in Bangladesh.

► Filing Requirement: To file a Patent Application our lawyers need the followings:

(a) Name of the inventor (applicant).

(b) Address and nationality of the inventors.

(c) Two sets of specification and one set of drawing on tracing paper (transparent).

(d) Legalized Deed of Assignment (if any).

(e) Power of Attorney [Form – 31], you can download the authorization online by clicking download forms.

(f) Certified copy of the foreign patent (in case of claiming priority).

► Advertisement on acceptance of an application:

On the acceptance of an application the Controller shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection.

Opposition: Any person at any time within four months from the date of the advertisement of the acceptance of an application can give notice at the Patent Office of opposition to the grant of the patent. The opponent must state the grounds of his opposition.

Grant and sealing of Patent: If there is no opposition a patent shall be granted, subject to such conditions as the authority thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Controller shall cause the Patent to be sealed with the seal of the Patent Office.

Terms of Patent: The term limited in every patent for the duration thereof is sixteen years from its date of application or the date of priority application. Renewal is required for fifth year before expiry of fourth year up to the 15 years. Grace period is 90 days with late fees. In case of priority, the commencement of four years shall start from the date of priority application.

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