Patents

►Legal Basis: 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 application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, 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 filing drawings at the time of application printed on tracing papers.

►Convention & Priority: Bangladesh is a member of the Paris Convention (The Paris Convention for the Protection of Industrial Property of March 20, 1883) and priority can be claimed within one year from first of the applications filed in any Member country. Priority cannot be claimed from PCT application even if it designates one of these countries. In case of claiming priority the applicant must supply the certified copy of the foreign patent upon which the inventor is claiming priority.

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

(a)    Name of the inventor (applicant),

(b)   Address(s) and nationality of the inventors,

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

(d)   One set  Legalized Deed of Assignment (if any),

(e)    Power of Attorney [Form - 31],

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

►Advertisement on acceptance of 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 may, at any time within four months from the date of the advertisement of the acceptance of an application, give notice at the Patent Office of his/her opposition to the grant of the patent. The opponent must state the grounds of his/her opposition.

Industrial Design 

►Legal Basis:

• Patent & Designs Act, 1911
• Patent & Designs Rules, 1933

►Applicant: Any person claiming to be the proprietor of a new and original design may apply for the registration in the prescribed form. 

►Requirements for Filing:

• Four (4) copies of the representation of clearly showing the features of the design by different views and name of the views. The representation may contain drawings, photographs, tracing or specimens of the design the design;
• Power of Attorney (Authorisation).
• Statement of Novelty.

►Convention Application: Application based on a foreign design application is possible within six (6) months from the date the foreign application. A certified copy of the application of the member of the Paris Union country must be filed along with the application. 

►Duration of Registration: The Registration of an industrial design is valid five (5) years from the date of the application and renewable for two (2) further consecutive periods of five (5) years on payment of the prescribed fee.