Patent Law in Bangladesh

Bangladesh’s intellectual property landscape has undergone a remarkable transformation with the enactment of the Bangladesh Patent Act 2023, which officially came into force on February 27, 2025. This modern legislation replaces the century-old Patents and Designs Act of 1911, marking a new era for innovation protection in the country. For inventors, businesses, and patent lawyers in Bangladesh, understanding this updated framework is essential for protecting intellectual property rights and fostering innovation.

Understanding Patents in Bangladesh

A patent is a legal instrument that grants inventors exclusive rights to prevent others from making, using, selling, or importing their invention for a specified period. Under the Bangladesh Patent Act 2023, patent protection is now granted for 20 years from the filing date, an extension from the previous 16-year term. This extension aligns Bangladesh with international standards and demonstrates the country’s commitment to strengthening intellectual property protection.

Types of Patents

The Bangladesh patent system recognizes different categories of patents:

1. Utility Patents (Standard Patents)

Utility patents protect the creation of new or improved products, processes, or machines. Also known as “patents for invention,” these prevent unauthorized parties from making, using, or selling the invention without permission. They cover the functional aspects and working features of innovations.

2. Design Patents

Design patents protect the ornamental and aesthetic features of a product, distinct from its structural or functional characteristics. While utility patents protect how something works, design patents protect how something looks. Inventors can apply for both utility and design patents for the same product.

3. Utility Model Patents

A significant innovation introduced in the 2022 Act and retained in the 2023 legislation, utility model patents provide protection for minor inventions and incremental improvements. Often called “petty patents” or “short-term patents,” utility models offer shorter procedures and protection periods (typically 10 years) compared to standard patents. This category is particularly valuable for protecting technical solutions related to a product’s size or structure that may not meet the higher inventive threshold required for standard patents.

4. Plant Patents

Plant patents defend new plant varieties that have been reproduced asexually through methods like grafting or cuttings. However, tuber-propagated plants and plants in their uncultivated state are excluded from patent protection.

The Role of Patent Lawyers in Bangladesh

Patent lawyers in Bangladesh play a crucial role in navigating the complexities of patent law, particularly under the new Patent Act 2023. Their key responsibilities include:

• Conducting comprehensive patent searches to ensure novelty and avoid infringement
• Drafting patent applications with precise technical and legal language
• Representing clients before the Department of Patents, Designs and Trademarks (DPDT)
• Defending patents against infringement and opposition
• Providing strategic advice on patent portfolio management
• Ensuring compliance with international standards and TRIPS Agreement requirements

With expertise spanning both legal principles and technical aspects of inventions, patent lawyers are indispensable for safeguarding innovation and facilitating the commercialization of new technologies.

Key Features of the Bangladesh Patent Act 2023

The 2023 Act introduces several progressive provisions designed to promote innovation while balancing public interest:

Administrative Modernization

The Act transfers administrative authority from the Office of the Registrar to the Director General of the Department of Patents, Industrial Designs, and Trademarks (DPDT). This centralization streamlines decision-making and enhances efficiency. The Director General is granted powers similar to those of civil courts, improving the patent system’s overall effectiveness.

Patentability Requirements

While the Act doesn’t explicitly enumerate the three essential requirements in its definition section, Bangladesh follows international standards requiring inventions to demonstrate:

• Novelty: The invention must not be part of prior art available anywhere in the world
• Inventive Step: The invention must represent a technological advance that wouldn’t be obvious to someone skilled in the field
• Industrial Applicability: The invention must be capable of being used in industry

These requirements align with Article 27 of the TRIPS Agreement and represent customary practice globally.

Excluded Subject Matter

Section 4 of the Patent Act 2023 explicitly excludes certain categories from patentability to protect public interest:

• Scientific discoveries and mathematical methods
• Medical treatment methods and surgical procedures
• Plant varieties (protected under the Plant Varieties Protection Act 2019)
• Pharmaceutical and agrochemical products (excluded until LDC graduation)
• Frivolous inventions
• Inventions contrary to public order or morality
• Biological resources in their natural form
• Traditional knowledge

The exclusion of pharmaceuticals has enabled Bangladesh to become a hub for generic medicine production, fostering innovation in affordable healthcare solutions.

Research and Innovation-Friendly Provisions

The Act includes several provisions designed to promote innovation:

Bolar Exception: Allows researchers to use patented products before patent expiry when submitting information required by law, enabling immediate market entry after the patent term ends.

Research Exception: Permits use of patented inventions for educational or research purposes, facilitating knowledge transfer and innovation.

Disclosure Requirements: Patent applications must fully disclose the invention’s manufacturing methods, enabling others to learn and build upon existing knowledge.

Trade Secrets Protection: Incorporated provisions protect confidential business information, encouraging innovation in competitive markets.

Compulsory Licensing Provisions

Section 21 of the Act establishes comprehensive rules for compulsory licensing, allowing the government to grant licenses to government authorities or designated entities under specific circumstances:

1. Public Interest Necessity: When required for national security, public health, nutrition, national economy, or development of critical sectors
2. Anti-Competitive Conduct: When courts or executive authorities determine that the patentee is engaging in anti-competitive practices, and compulsory licensing could prevent such conduct
3. Patent Misuse: When the patentee misuses exclusive rights or fails to prevent licensee misuse
4. Availability Issues: When the patented invention is not available at predetermined prices or proper quality through manufacture or import in Bangladesh
5. Dependent Patents: When a subsequent economically significant invention cannot be worked without violating a prior patent

Important Safeguard: Section 21(5) provides that no compulsory license shall be issued based on insufficient production or non-working within 4 years from the application date or 3 years from the grant date. This requirement aligns with the Paris Convention for the Protection of Industrial Property. The Act also ensures patentees receive an opportunity to be heard before compulsory licenses are granted.

Patent Application Process

The Bangladesh Patent Act 2023 establishes a structured, multi-phase process:

1. Filing the Application

The inventor, their legal representative, or an assignee can file applications with the DPDT. Applicants may file with either a provisional specification (to secure an early date) or a complete specification.

2. Complete Specification

A complete specification must be submitted within 12 months of filing a provisional application.

3. Special Disclosures

• For pharmaceutical inventions: The International Nonproprietary Name (INN) must be disclosed within 30 days
• For inventions involving biological resources or traditional knowledge: Their origin must be declared
• Microorganism-related patents require certificates from internationally recognized depository authorities

4. Examination Request

A critical change in the new Act is the mandatory request for substantive examination. Applicants must file this request and pay the required fee within 36 months from the filing date. Failure to do so results in the application being deemed abandoned.

5. Publication

Applications are published 18 months after the filing or priority date, with a publication fee required for pre-grant publication.

6. Opposition Procedures

The Act provides for both pre-grant and post-grant opposition, allowing interested parties to challenge patent applications or granted patents with strong technical and legal evidence.

7. Grant Decision

Patent grants are not automatic but depend on fulfilling all legal and technical requirements following examination.

Enforcement and Legal Framework

The Patent Act 2023 establishes robust enforcement mechanisms:

Court Structure

District courts have jurisdiction over patent cases, with provisions for appeals to the High Court Division. This creates a systematic approach to handling patent litigation.

Civil and Criminal Remedies

The Act introduces comprehensive civil and criminal remedies for patent infringement, including:

• Injunctions to prevent ongoing infringement
• Damages and accounts of profits
• Delivery up or destruction of infringing goods
• Criminal penalties for willful infringement

Border Measures

New provisions enable customs authorities to prevent the import and export of infringing goods, strengthening protection for patent holders.

Alternative Dispute Resolution (ADR)

The Act encourages ADR mechanisms to reduce court burdens and facilitate timely dispute resolution.

International Alignment and Future Prospects

TRIPS Compliance

The Bangladesh Patent Act 2023 represents a significant step toward full compliance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, strengthening the country’s position in international IP forums.

Paris Convention Membership

Bangladesh is a party to the Paris Convention, allowing applicants to claim priority from filings in other member countries within a 12-month window.

Future PCT Accession

The Act lays groundwork for potential future accession to the Patent Cooperation Treaty (PCT), which would allow international patent filing through a single application, significantly benefiting Bangladeshi inventors seeking global protection.

LDC Graduation Impact

Bangladesh is set to graduate from Least Developed Country (LDC) status in 2026. This transition will phase out TRIPS flexibilities, requiring the country to grant and enforce patents for pharmaceutical products. The domestic generic pharmaceutical industry will need to shift toward research-driven original innovation models.

Challenges and Areas for Improvement

Despite significant progress, several challenges remain:

Evergreening Concerns

The Act lacks explicit safeguards against pharmaceutical “evergreening,” where companies make minor modifications to extend patent protection. Clear guidelines on patentability standards, similar to India’s enhanced efficacy requirement, would strengthen the system.

Traditional Knowledge Protection

While traditional knowledge is excluded from patentability, the Act doesn’t provide positive protection mechanisms to benefit local communities who are custodians of this knowledge.

AI-Generated Inventions

The Act lacks clarity on inventorship and patentability of AI-generated inventions, an increasingly important issue in modern innovation.

Implementation Capacity

Providing the DPDT with adequate resources, training, and infrastructure is essential for efficient patent examination and enforcement.

Specialized IP Tribunal

Creating a dedicated Intellectual Property Tribunal could accelerate dispute resolution and ensure better enforcement of patent rights.

Public Patent Database

Developing a comprehensive, publicly accessible patent database would facilitate research collaboration, reduce infringement risks, and promote transparency.

Bangladesh’s Innovation Landscape

According to the Global Innovation Index 2023 published by the World Intellectual Property Organization (WIPO), Bangladesh ranks 105th among 132 countries for innovation. While this indicates room for improvement, the new patent legislation represents a critical step toward fostering a more innovative ecosystem.

The National Innovation Policy 2018 aims to promote innovation and creativity, with specific goals to strengthen the legal framework. The enactment of modern IP laws—including the Patent Act 2023, Bangladesh Industrial Designs Act 2023, and Copyright Act 2023—demonstrates Bangladesh’s commitment to implementing these policy objectives.

Practical Considerations for Applicants

Timely Action is Critical

• Request examination early to avoid abandonment
• Monitor all deadlines carefully
• Maintain proper documentation throughout the process

Disclosure Requirements

• Ensure complete and accurate disclosure of foreign filings (Section 15)
• Declare biological resources and traditional knowledge when applicable
• Provide INN for pharmaceutical inventions promptly

Evidence Preparation

• Gather strong technical and legal evidence for potential opposition
• Prepare comparative data and appropriate documentation
• Consider filing continuation or divisional applications strategically

Professional Assistance

Engaging experienced patent lawyers familiar with the nuances of Bangladesh patent law is highly recommended to navigate the complex application process and maximize protection.

Conclusion

The Bangladesh Patent Act 2023 marks a transformative moment in the country’s intellectual property landscape. By adopting modern, internationally harmonized standards for patent protection, Bangladesh is positioning itself as a competitive player in the global knowledge economy while balancing innovation incentives with public interest considerations.

For inventors, startups, academic institutions, and multinational enterprises, this new legislative framework opens exciting possibilities for protecting and commercializing innovations. However, the true measure of success will depend on effective implementation, consistent interpretation, and continued refinement of the system.

As Bangladesh moves forward with this progressive patent regime, collaboration among inventors, patent lawyers, policymakers, and the DPDT will be essential to realize the Act’s full potential in fostering innovation, attracting investment, and driving economic growth.

Patent Law in Bangladesh: A Comprehensive Guide for Inventors and Businesses (2025)

Bangladesh’s intellectual property landscape has undergone a remarkable transformation with the enactment of the Bangladesh Patent Act 2023, which officially came into force on February 27, 2025. This modern legislation replaces the century-old Patents and Designs Act of 1911, marking a new era for innovation protection in the country. For inventors, businesses, and patent lawyers in Bangladesh, understanding this updated framework is essential for protecting intellectual property rights and fostering innovation.

Understanding Patents in Bangladesh

A patent is a legal instrument that grants inventors exclusive rights to prevent others from making, using, selling, or importing their invention for a specified period. Under the Bangladesh Patent Act 2023, patent protection is now granted for 20 years from the filing date, an extension from the previous 16-year term. This extension aligns Bangladesh with international standards and demonstrates the country’s commitment to strengthening intellectual property protection.

Types of Patents

The Bangladesh patent system recognizes different categories of patents:

1. Utility Patents (Standard Patents)

Utility patents protect the creation of new or improved products, processes, or machines. Also known as “patents for invention,” these prevent unauthorized parties from making, using, or selling the invention without permission. They cover the functional aspects and working features of innovations.

2. Design Patents

Design patents protect the ornamental and aesthetic features of a product, distinct from its structural or functional characteristics. While utility patents protect how something works, design patents protect how something looks. Inventors can apply for both utility and design patents for the same product.

3. Utility Model Patents

A significant innovation introduced in the 2022 Act and retained in the 2023 legislation, utility model patents provide protection for minor inventions and incremental improvements. Often called “petty patents” or “short-term patents,” utility models offer shorter procedures and protection periods (typically 10 years) compared to standard patents. This category is particularly valuable for protecting technical solutions related to a product’s size or structure that may not meet the higher inventive threshold required for standard patents.

4. Plant Patents

Plant patents defend new plant varieties that have been reproduced asexually through methods like grafting or cuttings. However, tuber-propagated plants and plants in their uncultivated state are excluded from patent protection.

The Role of Patent Lawyers in Bangladesh

Patent lawyers in Bangladesh play a crucial role in navigating the complexities of patent law, particularly under the new Patent Act 2023. Their key responsibilities include:

• Conducting comprehensive patent searches to ensure novelty and avoid infringement
• Drafting patent applications with precise technical and legal language
• Representing clients before the Department of Patents, Designs and Trademarks (DPDT)
• Defending patents against infringement and opposition
• Providing strategic advice on patent portfolio management
• Ensuring compliance with international standards and TRIPS Agreement requirements

With expertise spanning both legal principles and technical aspects of inventions, patent lawyers are indispensable for safeguarding innovation and facilitating the commercialization of new technologies.

Key Features of the Bangladesh Patent Act 2023

The 2023 Act introduces several progressive provisions designed to promote innovation while balancing public interest:

Administrative Modernization

The Act transfers administrative authority from the Office of the Registrar to the Director General of the Department of Patents, Industrial Designs, and Trademarks (DPDT). This centralization streamlines decision-making and enhances efficiency. The Director General is granted powers similar to those of civil courts, improving the patent system’s overall effectiveness.

Patentability Requirements

While the Act doesn’t explicitly enumerate the three essential requirements in its definition section, Bangladesh follows international standards requiring inventions to demonstrate:

• Novelty: The invention must not be part of prior art available anywhere in the world
• Inventive Step: The invention must represent a technological advance that wouldn’t be obvious to someone skilled in the field
• Industrial Applicability: The invention must be capable of being used in industry

These requirements align with Article 27 of the TRIPS Agreement and represent customary practice globally.

Excluded Subject Matter

Section 4 of the Patent Act 2023 explicitly excludes certain categories from patentability to protect public interest:

• Scientific discoveries and mathematical methods
• Medical treatment methods and surgical procedures
• Plant varieties (protected under the Plant Varieties Protection Act 2019)
• Pharmaceutical and agrochemical products (excluded until LDC graduation)
• Frivolous inventions
• Inventions contrary to public order or morality
• Biological resources in their natural form
• Traditional knowledge

The exclusion of pharmaceuticals has enabled Bangladesh to become a hub for generic medicine production, fostering innovation in affordable healthcare solutions.

Research and Innovation-Friendly Provisions

The Act includes several provisions designed to promote innovation:

Bolar Exception: Allows researchers to use patented products before patent expiry when submitting information required by law, enabling immediate market entry after the patent term ends.

Research Exception: Permits use of patented inventions for educational or research purposes, facilitating knowledge transfer and innovation.

Disclosure Requirements: Patent applications must fully disclose the invention’s manufacturing methods, enabling others to learn and build upon existing knowledge.

Trade Secrets Protection: Incorporated provisions protect confidential business information, encouraging innovation in competitive markets.

Compulsory Licensing Provisions

Section 21 of the Act establishes comprehensive rules for compulsory licensing, allowing the government to grant licenses to government authorities or designated entities under specific circumstances:

1. Public Interest Necessity: When required for national security, public health, nutrition, national economy, or development of critical sectors
2. Anti-Competitive Conduct: When courts or executive authorities determine that the patentee is engaging in anti-competitive practices, and compulsory licensing could prevent such conduct
3. Patent Misuse: When the patentee misuses exclusive rights or fails to prevent licensee misuse
4. Availability Issues: When the patented invention is not available at predetermined prices or proper quality through manufacture or import in Bangladesh
5. Dependent Patents: When a subsequent economically significant invention cannot be worked without violating a prior patent

Important Safeguard: Section 21(5) provides that no compulsory license shall be issued based on insufficient production or non-working within 4 years from the application date or 3 years from the grant date. This requirement aligns with the Paris Convention for the Protection of Industrial Property. The Act also ensures patentees receive an opportunity to be heard before compulsory licenses are granted.

Patent Application Process

The Bangladesh Patent Act 2023 establishes a structured, multi-phase process:

1. Filing the Application

The inventor, their legal representative, or an assignee can file applications with the DPDT. Applicants may file with either a provisional specification (to secure an early date) or a complete specification.

2. Complete Specification

A complete specification must be submitted within 12 months of filing a provisional application.

3. Special Disclosures

• For pharmaceutical inventions: The International Nonproprietary Name (INN) must be disclosed within 30 days
• For inventions involving biological resources or traditional knowledge: Their origin must be declared
• Microorganism-related patents require certificates from internationally recognized depository authorities

4. Examination Request

A critical change in the new Act is the mandatory request for substantive examination. Applicants must file this request and pay the required fee within 36 months from the filing date. Failure to do so results in the application being deemed abandoned.

5. Publication

Applications are published 18 months after the filing or priority date, with a publication fee required for pre-grant publication.

6. Opposition Procedures

The Act provides for both pre-grant and post-grant opposition, allowing interested parties to challenge patent applications or granted patents with strong technical and legal evidence.

7. Grant Decision

Patent grants are not automatic but depend on fulfilling all legal and technical requirements following examination.

Enforcement and Legal Framework

The Patent Act 2023 establishes robust enforcement mechanisms:

Court Structure

District courts have jurisdiction over patent cases, with provisions for appeals to the High Court Division. This creates a systematic approach to handling patent litigation.

Civil and Criminal Remedies

The Act introduces comprehensive civil and criminal remedies for patent infringement, including:

• Injunctions to prevent ongoing infringement
• Damages and accounts of profits
• Delivery up or destruction of infringing goods
• Criminal penalties for willful infringement

Border Measures

New provisions enable customs authorities to prevent the import and export of infringing goods, strengthening protection for patent holders.

Alternative Dispute Resolution (ADR)

The Act encourages ADR mechanisms to reduce court burdens and facilitate timely dispute resolution.

International Alignment and Future Prospects

TRIPS Compliance

The Bangladesh Patent Act 2023 represents a significant step toward full compliance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, strengthening the country’s position in international IP forums.

Paris Convention Membership

Bangladesh is a party to the Paris Convention, allowing applicants to claim priority from filings in other member countries within a 12-month window.

Future PCT Accession

The Act lays groundwork for potential future accession to the Patent Cooperation Treaty (PCT), which would allow international patent filing through a single application, significantly benefiting Bangladeshi inventors seeking global protection.

LDC Graduation Impact

Bangladesh is set to graduate from Least Developed Country (LDC) status in 2026. This transition will phase out TRIPS flexibilities, requiring the country to grant and enforce patents for pharmaceutical products. The domestic generic pharmaceutical industry will need to shift toward research-driven original innovation models.

Challenges and Areas for Improvement

Despite significant progress, several challenges remain:

Evergreening Concerns

The Act lacks explicit safeguards against pharmaceutical “evergreening,” where companies make minor modifications to extend patent protection. Clear guidelines on patentability standards, similar to India’s enhanced efficacy requirement, would strengthen the system.

Traditional Knowledge Protection

While traditional knowledge is excluded from patentability, the Act doesn’t provide positive protection mechanisms to benefit local communities who are custodians of this knowledge.

AI-Generated Inventions

The Act lacks clarity on inventorship and patentability of AI-generated inventions, an increasingly important issue in modern innovation.

Implementation Capacity

Providing the DPDT with adequate resources, training, and infrastructure is essential for efficient patent examination and enforcement.

Specialized IP Tribunal

Creating a dedicated Intellectual Property Tribunal could accelerate dispute resolution and ensure better enforcement of patent rights.

Public Patent Database

Developing a comprehensive, publicly accessible patent database would facilitate research collaboration, reduce infringement risks, and promote transparency.

Bangladesh’s Innovation Landscape

According to the Global Innovation Index 2023 published by the World Intellectual Property Organization (WIPO), Bangladesh ranks 105th among 132 countries for innovation. While this indicates room for improvement, the new patent legislation represents a critical step toward fostering a more innovative ecosystem.

The National Innovation Policy 2018 aims to promote innovation and creativity, with specific goals to strengthen the legal framework. The enactment of modern IP laws—including the Patent Act 2023, Bangladesh Industrial Designs Act 2023, and Copyright Act 2023—demonstrates Bangladesh’s commitment to implementing these policy objectives.

Practical Considerations for Applicants

Timely Action is Critical

• Request examination early to avoid abandonment
• Monitor all deadlines carefully
• Maintain proper documentation throughout the process

Disclosure Requirements

• Ensure complete and accurate disclosure of foreign filings (Section 15)
• Declare biological resources and traditional knowledge when applicable
• Provide INN for pharmaceutical inventions promptly

Evidence Preparation

• Gather strong technical and legal evidence for potential opposition
• Prepare comparative data and appropriate documentation
• Consider filing continuation or divisional applications strategically

Professional Assistance

Engaging experienced patent lawyers familiar with the nuances of Bangladesh patent law is highly recommended to navigate the complex application process and maximize protection.

Conclusion

The Bangladesh Patent Act 2023 marks a transformative moment in the country’s intellectual property landscape. By adopting modern, internationally harmonized standards for patent protection, Bangladesh is positioning itself as a competitive player in the global knowledge economy while balancing innovation incentives with public interest considerations.

For inventors, startups, academic institutions, and multinational enterprises, this new legislative framework opens exciting possibilities for protecting and commercializing innovations. However, the true measure of success will depend on effective implementation, consistent interpretation, and continued refinement of the system.

As Bangladesh moves forward with this progressive patent regime, collaboration among inventors, patent lawyers, policymakers, and the DPDT will be essential to realize the Act’s full potential in fostering innovation, attracting investment, and driving economic growth.

Need Expert Legal Assistance with Patent Law in Bangladesh?

Navigating the complexities of patent law in Bangladesh requires professional guidance and expertise. Whether you’re an inventor seeking to protect your innovation, a startup building your intellectual property portfolio, or an established business defending your patent rights, having the right legal partner makes all the difference.

Our Patent Law Services Include:

• Patent Application & Registration: Complete assistance with filing utility patents, design patents, and utility model patents under the Patent Act 2023
• Patent Search & Analysis: Comprehensive prior art searches to ensure your invention meets novelty requirements
• Patent Drafting: Professional preparation of patent specifications with precise technical and legal language
• Patent Opposition: Expert representation in pre-grant and post-grant opposition proceedings
• Patent Infringement: Strategic defense and enforcement of your patent rights
• Compulsory Licensing: Advisory services on compulsory licensing applications and negotiations
• IP Portfolio Management: Long-term strategy for building and protecting your intellectual property assets
• International Patent Filing: Guidance on Paris Convention priority claims and future PCT applications

Why Choose Advocacy Legal for Patent Law Matters?

✓ Specialized Expertise: Deep understanding of Bangladesh Patent Act 2023 and international IP frameworks
✓ Technical Knowledge: Team includes lawyers with technical backgrounds in engineering and sciences
✓ Proven Track Record: Successfully handled patent applications across diverse industries
✓ Strategic Approach: Tailored IP strategies aligned with your business objectives
✓ International Network: Connections with patent attorneys worldwide for global protection
✓ Client-Centric Service: Transparent communication and personalized attention throughout the process

Get Started Today

Don’t let complex patent procedures delay your innovation protection. Our experienced patent lawyers are ready to assist you with all aspects of patent law in Bangladesh.

Contact us for a consultation:

     Call: +88 01977125595 (For appointment)
     Hotline: +88 01795762000 (WhatsApp Business)
Email: info@advocacylegalbd.com
Visit: 3rd Floor, House-37, Road-7, Sector-3, Uttara, Dhaka-1230, Bangladesh