Patent Right of Inventor

A patent is an exclusive right granted to an inventor for a limited period of time, typically 20 years, to make, use, sell, and offer to sell an invention. In exchange for this right, the inventor must disclose the invention to the public in a patent application. This disclosure allows others to learn from the invention and to build on it.

The patent right of an inventor is a fundamental right that is protected by law. This right is enshrined in the Patent Act of many countries, including Bangladesh. The Patent Act of Bangladesh contains a number of provisions that protect the rights of inventors, including the following:

1. The patent interest or right of the inventor shall be reserved.
2. If two or more persons jointly invent something, the said persons shall be jointly entitled to the patent.
3. If two or more persons independently make the same invention, the person who applies for the patent first shall be entitled to the patent, and in the case of a priority claim, the priority date shall be deemed to be the date of the patent application.
4. Patent rights shall be assignable or transferable.
5. Where an invention is made by the appointee pursuant to a contract executed for the purpose of invention unless the contract expressly provides otherwise, the right of the patent shall belong to the assignee, and if the employing authority benefits from the invention more economically than the remuneration of the appointee, the assignee shall be entitled to equitable remuneration. (royalty) will be entitled to receive.
6. In cases where, without the agreement executed for the purpose of invention, the appointed person makes an invention using the employer's equipment, data, practical know-how and other materials, in that case, unless there is anything to the contrary in the employment agreement, the patent right shall belong to the employer and the appointing authority shall directly use the said invention. Or indirectly, the appointed person will be entitled to one-third of the profit.
7. If the appointing authority does not apply for a patent within 1 (one) year after the appointee has notified the appointing authority of his invention, the appointee may apply for a patent or, if the patent is granted, assign or transfer his patent rights to any person for a license.
8. If the inventor gives any prior promise or undertaking to his employer that he will not accept any remuneration under this section, the said promise or undertaking shall not be accepted.
9. The patent shall be in the name of the inventor unless he gives a written declaration to the Registrar under his signature that he does not wish to have the patent in his name. Provided, however, that the promise or promise of such declaration by the inventor to any other person shall not be admissible.

The patent laws of Bangladesh also recognize the role of employers in the invention process. If an employee makes an invention while working for an employer, the patent rights usually belong to the employer. However, the employee may be entitled to equitable remuneration from the employer if the employer benefits economically from the invention.

Overall, the patent laws of Bangladesh provide a strong framework for protecting the rights of inventors and encouraging innovation. This is important for the development of the Bangladeshi economy and for the improvement of the lives of Bangladeshi citizens.

Reference: Patent Act 2022