Patent protection in Bangladesh protects inventions that are new, involve an inventive step, and are capable of industrial application. LegalBD advises inventors and companies on patent strategy, manages the filing and prosecution process at DPDT, and assists with international filing strategies involving Bangladesh.
The Current Legal Framework
Patent law in Bangladesh is currently governed by the Patents and Designs Act 1911, acknowledged to be significantly outdated. Bangladesh is in the process of enacting new patent legislation to bring its framework into compliance with contemporary international standards. A draft Patent Act has been prepared, though as of the time of writing it has not yet been enacted. LegalBD monitors legislative developments and advises clients on the implications of the transition to a new patent regime.
LDC TRIPS Flexibilities
As a least-developed country, Bangladesh benefits from WTO-extended TRIPS transition period flexibilities that exempt it from several TRIPS obligations — most notably product patent protection for pharmaceuticals. This flexibility, extended by the WTO TRIPS Council, is significant for pharmaceutical patent strategy and may affect filing decisions for technology with pharmaceutical applications.
Filing and Prosecution
Patent applications are filed at DPDT. The application must include a complete specification (with claims, drawings where applicable, and abstract) and a declaration of inventorship. DPDT examines applications for compliance with formal requirements. Bangladesh is a member of the Paris Convention, allowing foreign applicants to claim priority from an earlier filing in a Paris Convention country within 12 months of the priority date. Bangladesh is not a PCT member state, so national phase PCT entries are not available.
Strategy and Advice
We advise on filing strategy, patent landscape analysis relevant to Bangladesh operations, freedom-to-operate assessments, patent assignment and licensing arrangements, and enforcement options for patent holders facing infringement. We coordinate with overseas patent counsel on international portfolios involving Bangladesh.