anovIP Asia Insights → Patents – Reference Guide + Fee Schedule (Bangla...

Patents – Reference Guide + Fee Schedule (Bangladesh)

Patents – Reference Guide + Fee Schedule (Bangladesh)

PCT National Phase Entry

Bangladesh is not currently a signatory to the Patent Cooperation Treaty (PCT).

Conventional Priority Entry

Deadlines: 12 months counted from the date of the first application filing. No extensions or restorations allowed.

Documents: Form-1 or 1A / 2 or 2A as the case may be. A copy of the Power of attorney if the applicant submits the application through a representative; a certificate or assignment letter justifying the applicant’s right if the applicant is not the inventor; and a certified copy in cases of a priority claim.

Priority Document: A certified copy of the priority application, along with a verified English translation if required. Should be submitted along with the application or within 12 months from the date of first filing as provided by the Paris Convention.

Utility Model patent

Deadlines: 12 months counted from the date of the first application filing. No extensions or restorations allowed.

Documents: Form-1 or 1A / 2 or 2A as the case may be. A copy of the Power of attorney if the applicant submits the application through a representative; a certificate or assignment letter justifying the applicant’s right if the applicant is not the inventor; and a certified copy in cases of a priority claim.

Priority Document: A certified copy of the priority application, along with a verified English translation if required. Should be submitted along with the application or within 12 months from the date of first filing as provided by the Paris Convention.

Other Requirements

Languages: English and Bangla. Foreign language applications require verified English translation within three months of request or extended by up to 6 months with fees.

Power of Attorney: Scanned copy Power of Authority at the time of filing or signed Form 31 to Agent.

Declaration of Inventorship/Assignment Deed: Deed of Assignment/employment agreement mentioning IP rights or Form 1A must be filed.

Family Patent Information: Must be filed within 90 (ninety) days after filing the foreign application, and every 6 months until the foreign patent is granted or rejected. If additional time for translation of the documents is required, the time may be extended by a maximum of 60 (sixty) days.

Substantive Examination Request: Within 36 months from the date of filing of the patent application. Extendable by 3 months if requested before expiry of deadline.

Patent Validity: 20 years from the rom the filing date of the patent application or, if applicable, from the priority date. For utility model patent, protection for 8 years from the application date.

Annual Maintenance: A patent may be renewed for the following year by paying the annual fee for the previous year. Can be extended by up to 3 months, subject to the submission of an application for extension and the payment of a late fee.

Working Statement: Each patent holder and licensee shall submit information or a provisional statement regarding the commercial availability of the patented product in Bangladesh every one (1) year. Additionally, the Patent Office may issue notice to the patent holder or licensee to furnish such information within 2 months of the notice.

  

REFERENCE GUIDE                                      PATENTS - THE PROCESS                         

Step 1: Filing

There are various types of applications, including ordinary (provisional, and complete), divisional, convention applications and Utility Model patent.

 

 

Step 2: Publication

The application is published in the official journal 18 months from from the filing of the patent application. The applicant can request early publication and paying the prescribed fee, before the expiration of the 18 (eighteen) month period.

 

 

Step 3: Request for Examination

The applicant must file a request for examination and pay the examination fees within 36 months (extendable by 3 months) from the date of filing of the patent application. The Patent Office then examines the application for novelty, inventive step, and industrial applicability, issuing a First Examination Report (FER) with any objections or requirements.

 

 

Step 4: Response to Examination

The applicant must address objections, make necessary amendments, and provide clarifications and can request for an opportunity for a hearing.

 

 

Step 5: Hearings (if any)

If the objections are not satisfactorily resolved, and upon a explicit request by the applicant, a hearing is provided. The applicant will further submit written arguments and evidence to support their case.

 

 

Step 6: Decision

Based on the examination and responses, the patent office decides whether to grant or refuse the patent. If the application meets all requirements, a patent is granted, and a certificate of grant is issued. If the application is refused, the applicant can file a review petition before the patent office and an appeal before the government.

 

 

Step 7: Renewal

To keep the patent in force, annual renewal fees must be paid. If the  renewal fee is not paid, the patent lapses but can be restored within 2 (two) years after the expiry of the renewal fee payment period, and upon payment of the prescribed renewal fee and restoration fee with reasonable cause.

 

FEE SCHEDULE (BANGLADESH)                                         PATENTS                                                                

Particulars

Official fee (USD)

Professional Fee (USD)

Filing a Convention Patent Application

450

610

Filing a Non-Convention Patent Application

100

430

For each sheet of specification in add. to 25

11

4

Reporting & submission of reply

N/A

610

Any amendment during examination (Form-11)

100

380

Extension of time (Form-4)

35

300

Taking Over representation (Stamp Duty)

50

N/A

Before 5th year in respect of 6th year

155

220

Before 6th year in respect of 7th year

180

220

Before 7th year in respect of 8th year

205

270

Before 8th year in respect of 9th year

230

270

Before 9th year in respect of 10th year

270

270

Before 10th year in respect of 11th year

310

370

Before 11th year in respect of 12th year

345

370

Before 12th year in respect of 13th year

385

370

Before 13th year in respect of 14th year

450

370

Before 14th year in respect of 15th year

450

370

Before 15th year in respect of 16th year

515

420

Before 16th year in respect of 17th year

Not set

Before 17thyear in respect of 18th year

Not set

Before 18th year in respect of 19th year

Not set

Before 19th year in respect of 20th year

Not set

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CHAPTER V - OPPOSITION PROCEEDINGS TO GRANT OF PATENTS

The Indian Patents Act, 1970 provides a robust opposition framework that allows third parties to challenge patent applications and granted patents to ensure only valid inventions receive protection. Section 25 establishes two forms of opposition—pre-grant opposition, which may be filed by any person before a patent is granted, and post-grant opposition, which can be filed by an interested person within one year of grant. These proceedings help prevent wrongful patent monopolies, encourage transparency, and safeguard public interest by scrutinizing novelty, inventive step, patentability, disclosure requirements, and compliance with statutory obligations. The opposition system plays a critical role in maintaining the integrity and quality of the Indian patent regime.

CHAPTER VI - Anticipation

Anticipation is a fundamental concept in patent law that determines whether an invention is truly novel and eligible for patent protection. Under the Indian Patents Act, 1970, an invention may be anticipated if it has been publicly disclosed, published, claimed, or used before the filing or priority date of the patent application. However, Sections 29 to 34 provide important exceptions for disclosures made without the inventor's consent, government testing, scientific exhibitions, public trials, and provisional applications. These provisions help protect genuine inventors from losing patent rights due to unavoidable or permitted disclosures while maintaining the novelty requirements of the patent system.

CHAPTER IV - PUBLICATION, AND EXAMINATION OF APPLICATION

The Indian Patents Act, 1970 establishes a structured framework for the publication and examination of patent applications to ensure only novel and inventive technologies receive patent protection. Sections 11A to 21 govern important aspects such as publication of applications, Request for Examination (RFE), prior art searches, examination reports, divisional applications, and substitution of applicants. Recent amendments have shortened examination timelines and introduced expedited procedures for eligible applicants. Understanding these provisions is essential for inventors, startups, and businesses seeking efficient patent prosecution and successful patent grants in India.

CHAPTER XII - SURRENDER AND REVOCATION OF PATENTS

The Indian Patents Act, 1970 provides comprehensive mechanisms for surrender and revocation of patents to ensure that only valid, lawful, and socially beneficial inventions enjoy patent protection. Sections 64 to 66 outline various grounds for revocation, including lack of novelty, non-patentable subject matter, wrongful obtaining, insufficient disclosure, non-working of patents, and violations of secrecy provisions. The Act also permits post-grant opposition, compulsory licensing-related revocation, and government-led revocation in matters affecting public interest or national security. These provisions act as important safeguards against abuse of patent rights while maintaining a fair balance between innovation, competition, and public welfare.

CHAPTER XVI - WORKING OF PATENTS, COMPULSORY LICENCES AND REVOCATION

The Indian Patents Act, 1970 ensures that patents serve not only private interests but also the public good. Under Sections 83 to 94, patentees are expected to commercially work their inventions in India and make patented products reasonably accessible to the public. Where patented inventions are not adequately worked, are unaffordable, or fail to meet public demand, the law permits compulsory licensing. The Act also empowers the Controller to modify, terminate, or revoke patent rights in certain circumstances while balancing the interests of inventors, businesses, and society. These provisions are particularly significant in sectors such as pharmaceuticals, healthcare, and essential technologies, where public access is a key policy objective.

Chapter XVIII - Suits Concerning Infringement of Patent

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