REPORT ON

PATENT ACT

Submitted To

Nurunnahar Mazumder

SoBE

United International University

Submitted By

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

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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

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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

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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.

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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.

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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.

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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.

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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.

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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 non-

obviousness. 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.