International Patent Filing Strategy and PCT Coordination

by Barrister Tahmidur Rahman | Sep 15, 2026

Technology, IP & DataProtect inventions before disclosure8 min read

International Patent Filing Strategy and PCT Coordination

International patent filing advice for Bangladeshi inventors, universities, manufacturers and foreign technology owners: protecting priority before disclosure, choosing between PCT and direct national routes, filing in Bangladesh under the Patent Act 2023 and coordinating patent counsel across every target market.

Overview

How we plan international patent filing for Bangladesh-linked inventions

An invention can lose its patent value in a single afternoon: a conference talk, an investor deck sent without confidentiality terms, a product demonstration or a published thesis. International patent filing is about protecting the earliest possible date and then deciding, market by market, where protection is worth paying for. We advise Bangladeshi companies, research teams, start-ups and foreign technology owners on the sequence of filings, the documents that support them and the commercial decisions behind each step, as part of our technology, IP and data practice, working with patent attorneys who draft and prosecute specifications.

Bangladesh replaced its colonial-era patent law with the Bangladesh Patent Act 2023, run by the Department of Patents, Designs and Trademarks. Bangladesh is a member of the Paris Convention, which allows an applicant to claim the priority of a first filing when filing in other member states within twelve months. Bangladesh is not, at the time of writing, a contracting state of the Patent Cooperation Treaty, so a PCT application cannot be used to enter Bangladesh. For any international patent filing programme that includes Bangladesh, protection here needs a direct national application, usually claiming Paris priority from the first filing.

For many inventors, the PCT route is still the backbone of international patent filing. A single international application can preserve the right to enter a large number of contracting states, typically up to 30 or 31 months from the priority date, and provides an international search report and written opinion that help an applicant decide whether further spending is justified. Bangladeshi applicants need a qualifying applicant who is a national or resident of a PCT state, such as a co-applicant or a group company abroad. We check entitlement, inventorship, ownership and assignment documents before the application is filed.

In international patent filing, ownership questions come first. Inventions made by employees, consultants, university researchers or joint development partners can be claimed by more than one party, and patent offices expect the applicant's right to apply to be documented. We review employment contracts, research agreements and funding terms, prepare assignments, inventor declarations and confirmatory deeds, and agree how costs, decisions and revenues will be shared. Clean title matters for licensing and investment as much as for prosecution, because investors and licensees will check it before they commit funds to a technology or a royalty stream.

Patent budgets are finite, so we tie each Bangladesh-linked international patent filing decision to commercial evidence: where competitors manufacture, where customers buy, where licensees operate, where rivals file and where enforcement is realistic. We work with patent attorneys and IP counsel in the UK, US, UAE, China, India and Singapore and coordinate national phase entries and direct filings elsewhere through trusted local agents. If you have an invention that will soon be disclosed, demonstrated or pitched, contact our Dhaka office with the expected disclosure date so we can protect the priority position first.

01 · What we handle

Core workstreams

  • Pre-disclosure protection
  • Route selection: PCT or national
  • Inventorship and ownership
  • Bangladesh patent applications
02 · How it runs

Four clear stages

  1. 01Confirm disclosure position
  2. 02Secure priority
  3. 03File within twelve months
  4. 04Decide and maintain
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

What our international patent work covers

Workstream 01Technology, IP & Data

Pre-disclosure protection

  • Confirm disclosure position
  • Secure priority
  • File within twelve months
  • Decide and maintain
Workstream 02Technology, IP & Data

Route selection: PCT or national

  • Confirm disclosure position
  • Secure priority
  • File within twelve months
  • Decide and maintain
Workstream 03Technology, IP & Data

Inventorship and ownership

  • Confirm disclosure position
  • Secure priority
  • File within twelve months
  • Decide and maintain
Workstream 04Technology, IP & Data

Bangladesh patent applications

  • Confirm disclosure position
  • Secure priority
  • File within twelve months
  • Decide and maintain
Workstream 05Technology, IP & Data

National phase coordination

  • Confirm disclosure position
  • Secure priority
  • File within twelve months
  • Decide and maintain
Workstream 06Technology, IP & Data

Licensing and commercialisation

  • Confirm disclosure position
  • Secure priority
  • File within twelve months
  • Decide and maintain
01

Pre-disclosure protection

We review planned conferences, publications, pitches, product trials and investor meetings, put confidentiality agreements in place and identify whether a first application must be filed before any disclosure. Where time is short, we coordinate a provisional or early filing in a suitable jurisdiction to secure a priority date, then plan the complete specification and wider international patent filing programme around that date. We document every disclosure decision. Early drafts, circulation lists and meeting notes are kept so the exact disclosure date can be proved later.

02

Route selection: PCT or national

We compare the PCT route, direct national filings and regional systems such as the European Patent Office, based on the applicant's entitlement, target markets, budget and timetable. For Bangladesh, which sits outside the PCT, we plan the direct national application at the DPDT within the Paris Convention priority year, so that local protection is not lost while the international application proceeds elsewhere. Each route is costed before filing.

03

Inventorship and ownership

We identify inventors, confirm who holds the right to apply and document it through assignments, declarations and employment or research contracts. For universities, joint ventures and group companies, we agree the applicant structure, cost sharing, decision rights and revenue allocation before filing, so that later licensing, investment or enforcement is not blocked by disputed title or a missing signature. International patent filing then proceeds on secure title.

04

Bangladesh patent applications

We prepare and file national patent applications under the Bangladesh Patent Act 2023, claim priority from earlier filings, and manage formalities, translations and powers of attorney. We coordinate responses to examination reports with technical experts and track fees and deadlines. For foreign owners, we act as local counsel and keep their international counsel informed of every official communication from the DPDT. Annual renewal fees and response dates are diarised in one schedule so no deadline is missed.

05

National phase coordination

Before the PCT national phase deadline, we help clients decide which countries justify entry, using the search report, competitor activity and commercial plans. We instruct local agents, coordinate translations and claim amendments, and maintain a single schedule of deadlines and costs, so that the international patent filing programme is managed as one portfolio rather than a set of unconnected local files. Unneeded markets are dropped deliberately.

06

Licensing and commercialisation

Once applications are on file, we advise on licensing, option and technology transfer agreements, including royalty structures, field and territory limits, improvement rights and the foreign exchange and tax steps needed to receive or pay cross-border royalties. We also prepare patent-related warranties and disclosures for investment rounds, sales of the business and joint development agreements with international partners. Patent claims and contract terms are aligned. Warranties about ownership, validity and freedom to operate should match what the patent record actually shows.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Technology, IP & Data matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

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01

Can a Bangladeshi company use the PCT for international patent filing?

Not on its own, at the time of writing, because Bangladesh is not a PCT contracting state and PCT applicants must include at least one national or resident of a contracting state. Bangladeshi groups sometimes file through a genuine foreign subsidiary, or alongside a foreign co-applicant such as a research partner. That can work, but the right to apply must be properly assigned and the ownership structure should suit later licensing and tax. Where the PCT is not available, direct national filings within the Paris Convention priority year remain an effective international patent filing route.

02

Does a PCT application protect our invention in Bangladesh as well?

No. A PCT application cannot designate Bangladesh, so there is no PCT national phase here. To obtain a Bangladesh patent, the applicant must file a national application at the DPDT under the Bangladesh Patent Act 2023. If an earlier application was filed in another Paris Convention country, the Bangladesh application can claim that priority if it is filed within twelve months of the first filing. Foreign technology owners manufacturing or selling here should diarise that date carefully, because missing it can mean that their own later filing lacks novelty. We usually prepare it in parallel with the PCT application.

03

We have already presented the invention publicly. Can we still file for a patent?

Possibly, but the position must be checked quickly. Most patent systems require absolute novelty, meaning any public disclosure before filing can count against the application. Some countries allow a limited grace period for the inventor's own disclosure, but the rules and time limits differ, and relying on them is risky. We review exactly what was disclosed, when, where and to whom, and identify which markets may still be available. Going forward, the safest course is to file before any presentation and to use confidentiality agreements for all investor and partner discussions. Our first call usually maps which markets remain open.

04

What does an international patent filing programme typically cost, and when?

Costs depend on the number of countries, the length and complexity of the specification, translation requirements and how prosecution goes, so there is no standard figure. The largest expense usually arises at the national phase and during examination in each country, rather than at the first filing. The PCT route can defer those costs while the commercial case develops. We prepare a staged budget showing when each cost falls, so that management or investors can decide market by market whether to continue, rather than commit to a worldwide programme at the outset. Early choices drive international patent filing costs.

05

Who owns an invention made by our employees or researchers?

Ownership depends on the employment or research contract, the law of the place of employment and any funding or collaboration terms. Employee inventions often belong to the employer where the work falls within the employee's duties, but this should not be assumed, particularly for consultants, students, visiting researchers or staff working across group companies. Patent offices may require evidence of the applicant's right to apply. We review the documents, prepare assignments where needed and agree fair arrangements for inventors so that the international patent filing programme rests on secure title. Disputed title can stall a filing for months.

06

Can software or business methods be patented in Bangladesh or abroad?

The Bangladesh Patent Act 2023 excludes certain subject matter from patent protection, and computer programs and business methods as such are commonly excluded in many systems. A software-related invention that solves a technical problem in a technical way may still be patentable in some jurisdictions, but approaches differ between Bangladesh, Europe, the US, India and other offices. We work with patent attorneys to assess each market. Where patent protection is uncertain, copyright, confidentiality and well-drafted licence terms often provide more reliable protection for software. International patent filing for software needs a market-by-market view, weighing patents against copyright and confidentiality.

07

How does Bangladesh's LDC graduation affect pharmaceutical patents and filing plans?

As a least developed country, Bangladesh has relied on WTO transition arrangements that limit the obligation to grant and enforce pharmaceutical patents. Graduation from LDC status changes that position, and the government has been reviewing the law and practice in response. Pharmaceutical companies, both local manufacturers and foreign originators, should review product pipelines, licensing and filing strategy now rather than wait. Because the transition details continue to evolve, we advise on the position at the time of each decision and coordinate with regulatory and international patent filing counsel abroad. Timing matters for international patent filing here.

08

How long do we have to decide on national phase entry?

For most PCT contracting states, national phase entry is due 30 months from the earliest priority date, and some offices allow 31 months or more. Missing the deadline can be fatal in some countries, while others allow limited reinstatement. We start the decision process several months before the deadline, review the international search report and written opinion, update the commercial evidence and confirm costs, so that the client decides deliberately rather than under time pressure. Bangladesh is not part of this timetable, which is why its separate filing deadline must be diarised. We diarise both from the first instruction.

How a matter runs

From first call to resolution.

  1. 01

    Confirm disclosure position

    We establish what has been disclosed, when and to whom, put confidentiality agreements in place, confirm inventorship and ownership, and identify the latest date on which a first application can safely be filed. Where disclosure is imminent, we prepare a short priority application quickly rather than waiting for a full specification. Nothing is shared before then.

  2. 02

    Secure priority

    We coordinate the first filing with patent attorneys in the most suitable jurisdiction, secure the priority date and prepare the assignments and declarations needed for the applicant structure chosen for international patent filing. Assignments are signed before filing.

  3. 03

    File within twelve months

    Within the priority year, we file the PCT application where the applicant is entitled, the Bangladesh national application at the DPDT, and any direct national or regional filings the commercial plan requires. Fees per market are confirmed.

  4. 04

    Decide and maintain

    Before national phase deadlines, we review search results and commercial evidence with the client, instruct local agents in chosen markets, and maintain a single portfolio schedule of deadlines, renewals and licences. Licences are tracked alongside filings. We also review each patent family yearly, deciding which filings and countries remain worth maintaining given costs and commercial plans.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

What is international patent filing and how does it work?
International patent filing is the process of seeking patent protection for the same invention in several countries. There is no single worldwide patent, despite common assumptions. Applicants file a first application, claim its priority in later filings, and use the PCT, regional systems or direct national applications to reach each target market. Each country then examines and grants its own patent under its own law and timetable. International patent filing therefore needs coordination and a clear timetable from the outset.
Is Bangladesh part of the Patent Cooperation Treaty system for patents?
At the time of writing, Bangladesh is not a PCT contracting state. Bangladesh is a member of the Paris Convention, so a Bangladesh national application can claim priority from an earlier filing abroad within twelve months, and Bangladeshi applicants can claim Bangladesh priority when filing in other Paris Convention countries. Accession to further WIPO treaties has been discussed, and we monitor developments. Until accession, Bangladesh requires its own national filing within the priority year.
Should we file our first patent application in Bangladesh or abroad?
It depends on where the invention was made, where the inventors and applicant are based, the quality of the first specification and the commercial priorities. Some clients file first in a major market where drafting and examination practice are well established. Others file first in Bangladesh. The key is that the first filing is complete enough to support later claims across the international patent filing programme. We help clients make that choice before the first draft is finalised and before any disclosure.
Do we need a patent attorney as well as a lawyer for this work?
Usually, yes. Patent specifications and claims are technical documents best drafted by qualified patent attorneys with expertise in the relevant field. We handle the legal, ownership, contractual and Bangladesh filing aspects, coordinate the attorneys in each market and make sure the strategy, deadlines and commercial agreements fit together. Clients have one point of contact for the whole programme. This keeps international patent filing decisions consistent across markets and advisers. Fees for each adviser are agreed in advance.
Can we keep the invention secret instead of filing a patent?
Sometimes. Processes or formulas that cannot be reverse engineered may be better protected as confidential information, through employment terms, access controls and non-disclosure agreements. Products that reveal how they work once sold are usually better protected by patents. The choice should be made before any disclosure, because once published an invention can neither be patented nor kept secret. Many clients use a mix of patents, confidentiality and contract terms across a product range. We advise on that balance.
How long does an international patent filing programme take?
From first filing to grant can take several years in most countries, depending on examination backlogs and objections. The PCT stage alone typically runs up to 30 or 31 months before national phase entry. Bangladesh examination timelines under the 2023 Act are still settling. We plan licensing and investment milestones around pending applications, which can still carry commercial value before grant. Delays in one market rarely hold up the rest of the international patent filing portfolio. We report on each pending application's status and next deadline, so you can plan licensing and funding discussions.
Can a pending patent application be licensed or sold to a partner?
Yes. Pending applications and the right to file can be assigned or licensed, and many technology deals are signed before grant. The agreement should address what happens if claims are narrowed or refused, who pays prosecution costs and who decides on amendments. For cross-border royalties, foreign exchange and withholding tax steps also need planning before money moves. We draft these terms and coordinate the compliance steps with banks and advisers. Pending rights are also disclosed in investment rounds.
What should we send you first to start the process?
Send a short non-confidential summary of the invention, the names and locations of the inventors, any earlier filings, publications or presentations with dates, and the markets that matter commercially. We will put a confidentiality agreement in place if detailed technical information is needed, and confirm the urgent deadlines and the first steps in the international patent filing plan. Initial discussions are confidential and carry no obligation to proceed. We aim to respond within a few working days.

Secure your priority date before you disclose

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