Legislative Implementation of Flexibilities - Bangladesh

Title:	Section 21A of the Patents and Designs Act (Act No. II of 1911)
Field of IP:	Patents
Type of flexibility:	Security exceptions
Summary table:

Provisions of Law

Assignment of patent to the Government

21A. (1) The inventor of any improvement in instruments or munitions of war may (either for or without valuable consideration) assign to the Government all the benefit of the invention and of any patent obtained or to be obtained for the invention; and the Government may be a party to the assignment.

(2) The assignment shall effectually vest the benefit of the invention and patent in the Government, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by or on behalf of the Government.

(3) Where any such assignment has been made, the Government may, at any time before the publication of the specification, certify to the Registrar that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret.

(4) If the Government so certify, the application and specifications, with the drawings (if any) and any amendment of the specification and any copies of such documents and Designs and Trade Marks, be delivered to the Registrar in a packet sealed by authority of the Government.

(5) The packet shall, until the expiration of the term during which a patent for the invention may be in force, be kept sealed by the Registrar, and shall not be opened save under the authority of an order of the Government.

(6) The sealed packet shall be delivered at any time during the continuance of the patent to any person authorised by the Government to receive it, and shall, if returned to the Registrar, be again kept sealed by him.

(7) On the expiration of the term of the patent the sealed packet shall be delivered to the Government.

(8) Where the Government certifies as aforesaid after an application for a patent has been left at the Department of Patents, Designs and Trade Marks but before the publication of the specification, the application and specifications, with the drawings (if any) shall be forthwith placed in a packet sealed by authority of the Registrar, and the packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Government.

(9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which a certificate has been given by the Government as aforesaid.

(10) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but, save as otherwise provided in this section, the provisions of this Act shall apply in respect of any such invention and patent as aforesaid.

(11) The Government may at any time waive the benefit of this section with respect to any particular invention, and the specifications, documents and drawings shall be thenceforth kept and dealt with in the ordinary way.

(12) The communication of any invention for any improvement in instruments or munitions of war to the Government or to any person or persons authorised by the Government to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.]