Understanding Law related to Patents in Bangladesh
What is a patent?
According to Nepal Patent Act, 1965, patent means ‘any useful invention invented through a new method or process of the construction operation or publicity of any material or collection of materials or through any principle or formula.’
Patent Rights in Nepal:
What are the Patent Rights granted to a Patentee in Nepal?
• A person desirous of obtaining right over any patent shall register such patent in his/her name under this Act.
• A patent bestows the patentee with an exclusive right to exclude any third party from copying the invention unless a written permission is sought from the patentee.
• If any third party attempts to or actually copies the invention, the Department shall levy a fine on the accused and confiscate all the materials related to such offence.
|Relevant Office||Department of Industries|
|Law in Force||Patent, Design and Trade Marks Act, 1965|
|Prosecution Process||Filing Publication Opposition Examination Registration Renewal|
|Registration Term||7 years from the date of registration|
|Renewal Term||7 years from the date of previous registration|
INVENTIONS NOT PATENTABLE IN NEPAL
Which inventions cannot be protected as patents in Nepal?
A patent sought to be registered may not be patentable in the following circumstances:
• If it has already been registered in the name of any other person
• In case the applicant him/herself is not the inventor nor has acquired rights over it from the original inventor, or
• If the patent sought to be registered is found to cause adverse effect in health, conduct or morale or people in general or in the national interest.
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