Author Topic: PATENTS AND DESIGNS ACT, 1911  (Read 1858 times)

Offline Badshah Mamun

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« on: July 09, 2013, 01:19:07 PM »

Application: An application for a patent may be made by any person alone or jointly with any other person. The application must be made in the prescribed form, and must be filed at the Patent Office in the prescribed manner. The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification.

Specifications: A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. The specification must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. The drawings can be supplied at any time before the acceptance of the application, but we suggest to file drawings at the time of application printed on tracing papers.

Priority: In case of claiming priority the applicant must supply the certified copy of the foreign patent upon which the inventor is claiming priority.

Filing Requirement: To file a Patent Application we need the followings:

(a) Name of the inventor (applicant),
(b) Address(s) and nationality of the inventors,
(c) Two sets of specification and one set of drawing on tracing paper (transparent),
(d) One set  Legalized Deed of Assignment (if any),
(e) Power of Attorney [Form - 31], you can download the authorization
     from this web by clicking download forms.
(f) Certified copy of the foreign patent (in case of claiming priority)

Advertisement on acceptance of application: On the acceptance of an application the Controller shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection.
Opposition: Any person at any time within four months from the date of the advertisement of the acceptance of an application give notice at the Patent Office of opposition to the grant of the patent. The opponent must state the grounds of his opposition.

Grant and sealing of Patent: If there is no opposition a patent shall be granted, subject to such conditions as the authority thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Controller shall cause the Patent to be sealed with the seal of the Patent Office.

Term of Patent: The term limited in every patent for the duration thereof is sixteen years from its date and renewal is required after four years up to 15 years. In case of priority, the commencement of four years shall start from the date of priority application.

Md. Abdullah-Al-Mamun (Badshah)
Assistant Director, Daffodil International University