Patent

 Application (Sec. 3)
A patent application may be filed by anyone, whether or not they are
citizens of Bangladesh, and they can do so alone or in collaboration with others.
The application must be completed in a specified manner and sent to the
Department of Patents, Designs, and Trade Marks.
The application must provide a declaration that the applicant owns an
invention for which he or, in the case of a joint application, one or more of the
applicants claims to be the true and first inventor, or the legal representative or
assign of such inventor, and for which he wishes to obtain a patent, which must
be accompanied by either a provisional or complete specification and by the
prescribed fee.
Where the real and first inventor is not a party to the application, the
application must include a declaration of his name, as well as any other
information as may be required for his recognition, and the applicant must
demonstrate that he is the inventor's legal representative or assign.

 Specifications (Sec. 4)
1. Describe the nature of the discovery of a temporary specification.
2. A complete specification must specify and determine the nature of the
discovery and the manner in which it was performed.
3. A specification, whether temporary or complete, must begin with a title, and in
the case of a complete specification must end with a separate statement of
discovery claim.
4. Where the Registrar deems it desirable, he may be required to provide the
appropriate drawings at any time before accepting the application and such
drawings shall be deemed to be part of the complete specification.
5. If the registrar in a particular case should further supplement the discovery
with a model or specimen depicting the discovery or complain about the
formation of the discovery, the application should be submitted before accepting
such model or specification as may be required. But It Will not be considered as
part.

6. The Registrar, where the application was accompanied by a specification

propping to be a complete specification, may consider the specification as a
temporary specification if the applicant requests and proceed with the application
accordingly.

 Time for leaving complete specification (Sec.4A)

If the applicant fails to provide a complete specification with his
application, he will do so at any time within nine months of the application's
submission date.
However, if the applicant makes a request to the Registrar and pays the
prescribed fee within the time stated, the said 9 months will be extended to that
duration, not to exceed 10 months from the date of the application, as may be
specified in the request.
If the full specification is not left within the time limit, the proposal will be
considered abandoned ten months after it was filed.
 Grant and sealing of patent (Sec. 10)
(1) In case of opposition, if the resolution is in favor of the grant of the patent, the
patent will be granted for payment of fixed fee, subject to such conditions (if any)
as the Government deems fit, in case of a joint application to the applicant, or
jointly to the applicants and the Registrar shall cause the patent to be sealed with
the seal of the Department of Patents, Designs and Trade Marks.
(2) A patent shall be sealed as soon as may be, and not after the expiration of 24
months from the date of application:
Provided that,
(a) Where the Registrar has given permission to extend the period of time
which may be extended for another 4 months at the request of any applicant,
twenty-four months will be allowed for sealing the patent;
(b) Opposing the application or patent to the government, or any executive
who has received the registrar's instruction, or the reason for the registrar, the
ceiling is delayed by the exercise of the powers vested in it. The time may be
sealed as directed by the Registrar;
(c) where the patent is granted to the legal representative of an applicant who
has died before the expiration of the time,
That would be allowed for sealing the patent, the patent may be sealed at
any time within 12 months after the date of his death or at such later time as the
Registrar may think fit;
(d) where for any reason a patent cannot be sealed within the period allowed by
any of the foregoing provisions of this section that period may on payment of the
prescribed fee and on compliance with the prescribed conditions be extended to
the extent applied for but not exceeding three months.
 Fraudulent applications for patents (Sec. 13)
(1) A patent granted to the true and first inventor or his legal representative shall
not be invalidated by an application in fraud of him, or by protection obtained
thereon or by any use or publication of the invention subsequent to that
fraudulent application during the period of protection.
(2) Where a patent has been,
=> revoked by the High Court Division on the ground that it has been obtained in
fraud of the true and first inventor, or
=> where the grant of a patent has been refused by the Registrar under section 9,
Then the Registrar may, on the application of the true inventor or his legal
representative to him a patent for the whole or any part of the invention, and the
patent so granted shall bear the same date as the patent so revoked or, in the
case of a patent the grant of which has been refused, the same date as would
have been borne by the patent if it had been granted:
Provided that no suit shall be brought for any infringement of the patent so
granted committed before the actual date when such patent was granted.

 Term of patent (Sec. 14)

(1) Except as otherwise expressly given by this Act, the term restricted in any
patent for the period of the patent shall be sixteen years from the date of the
patent.
(2) A patent shall lapse if the patentee fails to pay the prescribed fees within the
prescribed time periods, notwithstanding anything in the patent or in this Act.
Provided, however, that if the patentee applies to the Registrar for an extension
of time before, or within three months after, the expiration of the time for
payment, the patent shall be extended or renewed, as the case may be, for any
period so applied for not exceeding three months in total from the expiration of
the time for payment, on payment of such additional fee as may be prescribed.
(3) If a proceeding is brought in connection with a patent infringement that occurs
after a failure to pay a fee within the specified period and before any enlargement
of the patent, the court that is hearing the case may, if it sees fit, refuse to award
any damages in connection with the infringement.

 Amendment of application or specification by Registrar (Sec. 17)

(1) An applicant or patentee may seek leave to amend his application or
specification, including drawings forming part thereof, by way of disclaimer,
correction, or description, by submitting a written request to the Department of
Patents, Designs, and Trade Marks, along with the prescribed fee, specifying the
existence of and reasons for the proposed amendment.
(2) If the patent application is not approved, the Registrar will decide if and under
what conditions (if any) the extension will be permitted.
(3) In any other case, the request and purpose of the proposed amendment shall
be advertised in the specified manner, and any individual may offer notice of
opposition to the amendment at the Department of Patents, Designs, and Trade
Marks within three months of the first advertising.
(4) If such a notice is issued, the Registrar must notify the individual who made
the request of the opposition and hear and decide the case.
(5) If no notice of opposition is given or the individual giving notice of opposition
fails to appear, the Registrar must decide if the amendment should be approved
and, if so, under what conditions.
(6) In any case, the Registrar's decision is subject to an appeal to the Government.
(7) No amendment shall be permitted that would result in the application or
specification claiming an invention that is significantly greater or different from
the invention claimed by the application or specification as it existed prior to
amendment.
(8) Except in cases of fraud, leave to amend shall be definitive as to the party's
right to make the amendment allowed; the amendment shall be advertised in the
specified manner, and shall be considered to form part of the application or
specification in all Courts and for all purposes.
(9) When and for as long as a claim for infringement or a proceeding before a
court for the revocation of a patent is pending, this provision does not apply.

 Petition for revocation of patent (Sec. 26)

(1) The patent may be withdrawn in whole or in part or a counterclaim may be
applied for in violation of the High Court Division on the following or any other
grounds:
(a) the discovery is the subject of a valid pre-grant of the patent in
Bangladesh;
(b) was not the true and first inventor or its legal representative or the
applicant or the one applying for the patent;
(c) that the patent was obtained through the right of the person applying
for revocation or through fraud or by whom or through the claim of any person
claiming through fraud;
(d) the invention was a method of new production or improvement, not on
the date of the patent;
(e) the invention does not involve any innovative steps considering what
was known or used before the date of the patent;
(f) innovation is of no use;
(g) the full specification does not accurately and precisely describe the
nature of the discovery and how the discovery should be performed;
(h) that the full specification cannot adequately and clearly identify the field
of innovation claimed;
(i) the patent was obtained on the basis of any false advice or
representation;
 (j) the primary or alleged use or practice of the invention is contrary to law;
(k) the patent violates or does not comply with the terms contained in the
patent;
(l) The full specification does not disclose the best method of performing
the invention known for the applicant's patent while leaving the specification in
the Patent, Design, and Trade Marks section.
(m) that before the date of the patent, the patent or other persons had not
secretly invented the work of the inventor, the administrator of any government
department, or the agent or contractor, or any other person approved by the
government. Commercially and not only through reasonable trials or trials in
Bangladesh, and through which all the circumstances of such cases are
considered, the court has directly or indirectly benefited to a greater extent;
(n) The discovery claimed in the full specification is not the same as the
inclusion in the temporary specification and the discovery is not claimed to be
included in the temporary specification, the specification was not new on the date
of completion:
Provided, however, that this subdivision shall be effective on the basis of the
specified revocation-
(i) in section (b), subject to the provisions of section 78A, or
(ii) Subject to the provisions of section (d) A, sub-section (1) of
section 13, sub-section (12) of section 21A, section 38 and section 40.

(2) An application for revocation of a patent may be filed -

(a) by the Attorney General or any person authorized by him; Or
(b) Any person accused-
(i) the patent was obtained through the forgery of his rights or the forgery
of the rights of the person under whom or by whom it was claimed; Or
(ii) that he or under whom or through whom he claims, he was the true and
first inventor of any invention, including the claim for patent; Or
 (iii) before the date of the patent, before or after the date of the patent, he
or any person by whom or under whom or any business, business or manufacture
has claimed interest, manufactured, used or sold publicly, the patent claimed by
him Innovation

(3) The High Court Division, irrespective of any provision of the Civil Procedure
Code of 1908, may apply for revocation of the patent for protection without the
consent of the Attorney General or any person authorized by him.