Bangladesh - New Patent Act now in force
The Government of Bangladesh has officially announced in its latest gazette that the Bangladesh Patent Act 2023 came into force from 27 February 2025. The new Act marks a significant modernisation of the country’s legal provisions for patent protection.
The new Act has so far only been published in the local (Bengali) language. However, we have ascertained the following salient points of the new law:
- Utility model patents are provided for.
- A request for examination of a patent application must be made within 36 months of the filing date, along with payment of the official fee.
- Patent applications for microorganisms require a certificate from an internationally recognized depository authority.
- A publication fee is required for the pre-grant publication of the patent application.
- All official actions received on corresponding foreign applications and copies of corresponding patents granted elsewhere or their notices of rejection/abandonment must be submitted within 90 days of the Registrar’s demand.
- The term of a patent has been extended to 20 years.
- Applications for the restoration of a lapsed patent must be made within 2 years from the date the fee was due.
- Patents must be renewed from the 6th year onwards.
- Patents for pharmaceutical or agricultural chemical products will not be granted until the transitional period is over, as per the TRIPS Council's decision.
- Applications for extensions of time must be filed before the expiry of the original time limit.
- There is no deadline for the acceptance of a patent application.
- Provisions for opposition, appeal, action for infringement, and legal proceedings are included.
Please note that Bangladesh has still not acceded to the PCT, so it is not yet possible to benefit from this international treaty there.
We hope to learn more about the provisions of the new law once it is published in English, and we will post any such information once we receive it. In the meantime, should you require any further assistance with your IP matters in Bangladesh, or indeed anywhere else, please do not hesitate to contact us.
