Submitted To

Nurunnahar Mazumder
SoBE
United International University

Submitted By

REPORT ON
PATENT ACT

Name

Id

MD. Samsul Islam

111 121 134

Dip Kumar Paul

111 121 498

Abida Ali Mou

111 121 061

Shakila Zaman

111 121 420

Kajal Das

111 121 576

Table of Contents
1 Patent: ..................................................................................................... 2
2 Registration process: .............................................................................. 2
3 Term of patent: ....................................................................................... 3
4 Surrender of Patents: .............................................................................. 4
5 Revocation of Patents: ............................................................................ 5
6 Patent Law in Bangladesh: ..................................................................... 7
7 Knowledge Transfer and a move to knowledge based economy: ......... 8
7.1 Patent law in Bangladesh may illuminate innovation,
entrepreneurship and competition. ............................................................ 8
7.2 Integration into the global marketplace of ideas: ............................. 8
7.3 Integration into the global marketplace of ideas: ............................. 8
7.4 Foreign Direct Investment: ............................................................... 9
7.5 Tailoring of IP Bangladesh: ............................................................. 9
8 Advantage & Disadvantage of Patent Act: .......................................... 10
8.1 Advantages of getting a patent ....................................................... 10
8.2 Disadvantages of getting a patent................................................... 10
9 Conclusion ............................................................................................ 11

1 Patent:
A patent gives an inventor the right for a limited period to stop others from
making, using or selling an invention without the permission of the
inventor. In return for the disclosure of his invention the inventor is given
a short term monopoly in the use of it for a period of 20 years after which
time it passes into the public domain. The basic purpose of the patent
system is to encourage innovation and the improvement of industrial
techniques.

Patents are generally intended to cover products or processes that possess

or contain new functional or technical aspects; patents are therefore
concerned with how things work, what they do, how they do it, what they
are made of or how they are made. Most patents are for incremental
improvements in known technology evolution rather than revolution. The
technology does not have to be complex.
In England, the patent office was established in 1853. Subsequent
legislations on patent are the Patents, Designs and Trade Marks Act, 1883,
Patents and Designs Act, 1907, Patents Act, 1949, Patents Act, 1977 and
Copyright, Designs and Patents Act, 1988. In the Indian Sub-continent, the
Patents and Designs Act was enacted in 1911 mainly on the basis of the
principles laid down in the Statute of Monopolies, Patents, Design and
Trade Marks Act, 1883 and Patents and Designs Act, 1907. The Patents
and Designs Act, 1911, is the law in force in Bangladesh on patents and
designs.

2 Registration process:
Description of the invention, possibly with drawings, with enough
detail for a person skilled in the area of technology to perform the
invention.
Claims to define the scope of the protection. The description is
taken into account when interpreting the claims.
Once a patent is granted, the owner needs to make sure they pay the
yearly renewal fees to keep the patent in force. If renewal payments are
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not made, the patent rights will end. If the owner of a patent discovers
that someone is infringing their rights, it is up to the patent owner to
take appropriate action.

3 Term of patent:
The term of a patent is the maximum period during which it can be
maintained in force. It is usually expressed in a number of years either
starting from the filing date of the patent application or from the date of
grant of the patent. In most patent laws, renewal annuities or maintenance
fees have to be regularly paid in order to keep the patent in force.
Otherwise the patent lapses before its term.
The term of a patent or specific "claims" in a patent may also be curtailed
by judgment of a court, as where a claim or patent is held "invalid" under
the relevant law, and thus no longer enforceable.
1. Subject to the provisions of this Act, the term of every patent granted
under this Act shall be twenty years from the date of filing of
application for patent in compliance with chapter III of the Act.
2. Notwithstanding anything in this Act or in the patent, a patent shall
cease to have effect on the expiry of the period prescribed for the
payment of any renewal fee if it is not paid within that period.
3. If during the period of six months immediately following the expiry of
the prescribed period the renewal fee and any prescribed additional fee
are paid, the patent shall notwithstanding sub-section (2) of this section,
be treated for the purposes of this Act as if it had never expired, and
accordingly Anything done under or in relation to it during that further period
shall be valid;
An act which would constitute an infringement of it if it had
expired shall constitute an infringement;
Rules shall provide requiring the Controller to notify the
registered proprietor of a patent that a renewal fee has not been
received from him in the Patent Office before the end of the
prescribed period

4 Surrender of Patents:
1. A patentee may, at any time by giving notice to the Controller in the
prescribed manner, offer to surrender his patent.
2. Where such offer is made, the Controller shall advertise the offer in
the prescribed manner, and also notify every person other than the
patentee whose name appears in the register as having an interest in
the patent.
3. Any person interested may, within the prescribed period after such
advertisement, give notice to the Controller of his opposition to the
surrender of a patent under this section, and if he does so the
Controller shall notify the patentee and determine the question.
4. The acceptance of the offer of surrender shall be advertised by the
Controller in the Official Gazette within sixty days from the date of
acceptance
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5 Revocation of Patents:
A responsive intellectual property law system bolsters future
advancements in technological innovation. Concerns about confidence in
the patent system as well as efficiency have prompted many changes in the
recent past to patent law. Administrative patent invalidity proceedings are
an important part of this legal evolution, and are at the center of a dynamic
balance of the interests of patent owners, their competitors, and society
generally.
Revocation of patents can be brought on any of the following grounds.
These are enumerated under Section 64 of the Patents Act 1970 (as
amended in 2005).
1. The invention as claimed through the claims in complete
specification was claimed earlier through a valid claim contained in
complete specification of another patent granted in India and having
earlier priority date.
2. The patent was granted on the application of a person not entitled to
apply under the provisions of the Patents Act, 1970.
3. The patent was obtained wrongfully i.e. in contravention of the
rights of the petitioner or any person under or through whom he
claims.
4. The subject-matter of any claim of the complete specification is not
an invention within the meaning of the Patents Act.
5. The invention claimed through any claim of the complete
specification is not new having regard to anticipation by previous
publication and by prior claim as referred to in Section 13.
6. The invention claimed through claims in the complete specification
is obvious or does not involve any inventive step having regard to
what was publicly known or used in India OR what was published in
India or elsewhere before the priority date of the claim.
7. The invention as claimed is not useful.
8. The complete specification does not sufficiently and fairly describe
the invention and the method by which it is to be performed.
9. The scope of any claim of the complete specification is not
sufficiently and clearly defined or the claim is not fairly based on the
matter disclosed in the specification.

10.
The patent was obtained on a false suggestion or
representation.
11.
The subject of any claim of the complete specification is not
patentable under the Patents Act, 1970.
12.
The invention was secretly used in India before the priority
date of the claim.
13.
The applicant for the patent has failed to disclose to the
Controller the information and undertaking regarding foreign
applications or has furnished false information.
14.
The applicant contravened any direction for secrecy relating to
inventions relevant for defense or made / caused to be made an
application for the grant of a patent outside India without prior
permission from Controller.
15.
The leave to amend the complete specification before the
Controller and Appellate Board or High Court was obtained by
fraud.
16.
The complete specification does not disclose or wrongly
mentions the source or geographical origin of biological material
used for the invention.
17.
The invention as claimed was anticipated having regard to the
knowledge, oral or otherwise, available within any local or
indigenous community in India or elsewhere.
Section 85 of the Patents Act, 1970 deals with Revocation of Patents by
the Controller for non-working of a patent to which a compulsory license
has been granted.

6 Patent Law in Bangladesh:

Intellectual Property (IP), especially patents may be the cornerstone for
innovation and development, currently in Bangladesh, the Patents and
Designs Act, 1911, enacted under British times still stands as current law.
In 2004, a new draft of Patents and Designs Act, 2003 is finalized by the
Law Commission of Bangladesh in cooperation with World Intellectual
Property Organization (WIPO), which is under process to place before the
Parliament1. It is important for policy makers as well as stakeholders to
comment and frame the legislative process of bringing the Bangladesh
Patent act up to World Intellectual Property Organization (WIPO)
standards, as it is a critical foundation for development. Thus various
stakeholders must influence shaping the rights, framework and long-term
vision of the Patent Law in Bangladesh. There are various policy factors
that influence the scope of Patent law in Bangladesh.

7 Knowledge Transfer and a move to

knowledge based economy:
The new government policy needs to adjust to a total knowledge policy,
Gurry, said, starting with education, which is the first step before getting to
the commercialization of knowledge and then using IP to convert this
knowledge into commercial assets.
Therefore with a thriving and carefully designed and enacted Patent Act,
Bangladesh would be positioned to compete
Globally with the faster dissemination of knowledge, research and
expertise and heightened innovation in a rapidly developing nation.

7.1 Patent law in Bangladesh may illuminate

innovation, entrepreneurship and competition.
With a growth in the IP there may be a rush to properties excellent
patentable mechanisms that may spring forth the next microfinance,
climate change, and community based water purification, and clean energy
or food safety tool.

7.2 Integration into the global marketplace of ideas:

Bangladesh would further enhance in its international image as an
intellectual property based and empowered nation and this would add
further value to the ideas that may solve global issues. Bangladesh would
thus possess a strong foundational pillar for healthy growth and
development in the information age.

7.3 Integration into the global marketplace of ideas:

Bangladesh would further enhance in its international image as an
intellectual property based and empowered nation and this would add
further value to the ideas that may solve global issues. Bangladesh would
thus possess a strong foundational pillar for healthy growth and
development in the information age.

7.4 Foreign Direct Investment:

With a healthy IP enforcement system and legislation in place, there may
be an increase in FDI into the country with additional support from
international trade and exports organizations sanctioning a push towards
including IP Bangladesh into the globalized finance streams.

7.5 Tailoring of IP Bangladesh:

Bangladesh must seize the excellent opportunity to create dynamic hybrid,
multifaceted systems, leveraging and learning from mistakes and successes
of other relevant patent regimes such as India and the US. Bangladesh
would thus be able to design the patent system most geared towards
economic and social development by establishing clear development and
innovation focused patentability criteria.

8 Advantage & Disadvantage of Patent Act:

8.1 Advantages of getting a patent
A patent gives you the right to stop others from copying, manufacturing,
selling or importing your invention without your permission.
See protecting intellectual property.
You get protection for a pre-determined period, allowing you to keep
competitors at bay.
You can then utilize your invention yourself.
Alternatively, you can license your patent for others to use it, or sell it, as
with any asset. This can provide an important source of revenue for your
business. Indeed, some businesses exist solely to collect the royalties from
a patent they have licensed - perhaps in combination with a registered
design and trade mark. See how to license your patent.

8.2 Disadvantages of getting a patent

Your patent application means making certain technical information about
your invention publicly available. It might be that keeping the details of
your invention secret will keep competitors at bay more effectively.
Applying for a patent can be a very time-consuming and lengthy process
(typically three to four years) - technology may have overtaken your
invention by the time a patent is granted.
Cost - it will cost you money whether you are successful or not - the
application, searches for existing patents and a patent attorney's fees can
all contribute to a reasonable outlay.
You'll need to remember to pay your annual fee or your patent will lapse.
You'll need to be prepared to defend your patent. Taking action against an
infringer can be very expensive. On the other hand, a patent can act as a
deterrent, making defense unnecessary.

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9 Conclusion
A patent is a set of exclusive rights granted by a sovereign state to an
inventor or assignee for a limited period of time in exchange for detailed
public disclosure of an invention. An invention is a solution to a specific
technological problem and is a product or a process. Patents are a form
of intellectual property.
The procedure for granting patents, requirements placed on the patentee,
and the extent of the exclusive rights vary widely between countries
according to national laws and international agreements. Typically,
however, a granted patent application must include one or
more claims that define the invention. A patent may include many claims,
each of which defines a specific property right. These claims must meet
relevant patentability requirements, such as novelty, usefulness, and nonobviousness. The exclusive right granted to a patentee in most countries is
the right to prevent others, or at least to try to prevent others, from
commercially making, using, selling, importing, or distributing a patented
invention without permission.

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