The short answer
The Bangladesh Patent Act, 2023 has three separate ways to end a patent. A person with an interest can apply to the court to cancel it (Section 32). A petitioner, or a defendant by counterclaim in an infringement suit, can ask the District Court to revoke it on any of 13 grounds (Section 33). The Government can withdraw a patent that harms public health or the public interest, after hearing the owner, by Gazette notification (Section 34). The owner can also ask the Director General to accept a surrender (Section 32(8)).
The routes compared
| Route | Who applies | Where | Effect |
|---|---|---|---|
| Cancellation (s.32) | A person with an interest | The court | A cancelled patent, claim or part of a claim is treated as never granted, from the date of grant (s.32(4)) |
| Revocation (s.33) | Any person or the Government by petition, or the defendant by counterclaim in an infringement suit | District Court | The patent is revoked on a ground in s.33(1); notice goes to all owners or interest holders known to the Director General (s.33(2)) |
| Public-interest withdrawal (s.34) | The Government acts | Gazette notification, after a hearing for the owner | The patent is treated as cancelled when the declaration is made |
| Surrender (s.32(8)) | The owner | Director General | The owner gives up the patent |
Cancellation by the court (Section 32)
- A court can cancel a patent where the applicant did not meet the conditions in Section 8(3) and (4), or where the patent owner is not the inventor or the inventor's successor in title.
- If only part of the invention fails, only the affected claim or claims are cancelled (s.32(3)).
- In a dispute about who owns the right, the interested person can ask the court to transfer the patent to them instead of cancelling it (s.32(5)).
- The court tells the Director General of its final decision, who records it and publishes a notice under the Rules (s.32(6)).
The 13 revocation grounds (Section 33(1))
The District Court can revoke a patent on petition or on a counterclaim in an infringement suit. The grounds also work as a defence in infringement cases (Section 50).
- An earlier-priority claim in another Bangladesh patent covers the same invention.
- The patent was granted on the application of a person with no right to apply.
- The invention was wrongly taken from the petitioner in breach of their right.
- The claimed subject is not an invention under Section 2(6).
- It was publicly known, used or published before the priority date, so it lacks novelty.
- It was obvious and lacks an inventive step.
- It is not industrially applicable or not useful.
- The specification does not enable a person skilled in the art in Bangladesh to carry out the invention.
- A claim is unclear or not fairly based on the matter disclosed.
- The patent was obtained by a false, misleading or incomplete representation.
- The subject is not patentable under Section 6.
- The source or geographic origin of biological material used was not disclosed, or was wrongly disclosed.
- The invention appears to be based on oral or other knowledge found in a local or common community in Bangladesh or elsewhere.
Public-interest withdrawal and surrender
Under Section 34, if the Government finds that a patent or the way it is worked is harmful to public health or the public interest, it can declare the patent withdrawn by Gazette notification after giving the owner a chance to be heard. The patent is treated as cancelled when the declaration is made.
Under Section 32(7) and (8), the owner can apply to the Director General to cancel the patent or to surrender it under the Rules.
This is separate from opposition, which runs before the Director General within 24 months of the grant being published. Revocation and cancellation run before the court.
Patent revocation questions
Who decides a revocation case?
The District Court, on a petition or on a counterclaim in a suit for infringement (Section 33).
Can invalidity be used as a defence?
Yes. The Section 33 grounds can be pleaded in defence of an infringement suit (Section 50).
What happens to a revoked patent?
A cancelled patent or claim is treated as never granted from the date of grant (Section 32(4)).
Can the Government withdraw a patent?
Yes, if it is harmful to public health or the public interest, after a hearing for the owner (Section 34).
Can the owner give up a patent?
Yes, by applying to the Director General for surrender (Section 32(8)).
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