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10/07/2025
Laws of Bangladesh

The Patents And Designs Act, 1911

( ACT NO. II OF 1911 )

Application for and Grant of Patent

Grant and sealing of patent
10. (1) If there is no opposition, or, in case of opposition, if the determination is in favour of the grant of a patent, a patent shall, on payment of the prescribed fee, be granted, subject to such conditions (if any) as the Government thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Registrar shall cause the patent to be sealed with the seal of the Department of Patents, Designs and Trade Marks.
 
 
(1A) Notwithstanding anything contained in sub-section (1), where-
 
 
(a) an applicant has agreed in writing that on the grant to him of a patent he will assign it to another party or to a joint applicant and refuses to proceed with the application, or
 
 
(b) disputes arise between joint applicants as to proceeding with an application,
 
 
the Registrar, if he is satisfied of the existence of such agreement or, in any other case, that any joint applicant or applicants ought to be allowed to proceed alone, may direct that such other party or joint applicant or applicants may proceed with the application accordingly and may grant a patent to him or them, as the case may be:
 
 
Provided that-
 
 
(i) the Controller shall not give any such direction until every party interested has had an opportunity of being heard by him, and
 
 
(ii) an appeal from any such direction shall lie to the Government.
 
 
(2) A patent shall be sealed as soon as may be, and not after the expiration of twenty-four months from the date of application:
 
 
Provided that,-
 
 
(a) where the Registrar has allowed an extension of the time within which an application may be accepted a further extension of four months after the said, twenty-four months shall be allowed for the sealing of the patent;
 
 
(b) where the sealing is delayed by an appeal to the Government, or by opposition to the grant of the patent, or by any proceedings taken for obtaining a direction of the Registrar under the provisions of sub-section (1A), or by reason of the Registrar, in exercise of the powers given to him by 1[any other law for the time being in force], having omitted to do or delayed the doing of anything relating to the application the patent may be sealed at such time as the Registrar may direct;
 
 
(c) where the patent is granted to the legal representative of an applicant who has died before the expiration of the time which would otherwise be allowed for sealing the patent, the patent may be sealed at any time within twelve 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.

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Ministry of Law, Justice and Parliamentary Affairs