Rights Of Patentee In India

WHO IS A PATENTEE?

A “patentee” means the person for the time being who is entered on the patent register as the grantee or proprietor of the patent.

WHICH SECTION OF THE PATENT ACT PROVIDES RIGHTS OF PATENTEE?

Section 48 of the Indian Patents Act provides the rights of patentee under the act. This section confers upon the exclusive rights provided to the patentee from preventing third parties from the act of making, using, selling or importing that product/process in India.

WHAT ARE THE RIGHTS OF THE PATENTEE?

  1. In case of a patented product, the patentee shall have the exclusive right to prevent third parties from the act of making, using, offering for sale, selling or importing for those purposes that product in India.

  2. In case of a patented process, the patentee shall have the exclusive right to prevent third parties from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.

WHAT ARE THE CONDITIONS TO THE RIGHTS OF PATENTEE?

Rights of patentee are subject to certain conditions specified in Section 47 of the Patent’s Act. 

Following conditions limit the exclusive rights of patentee:

Any machine, apparatus, or other article in respect of which the patent is granted or any article made by using a process in respect of which the patent is granted, may be imported or made by or on behalf of the Government for the purpose merely of its own use;

Any machine, apparatus or other article in respect of which the patent is granted, may be made or used, and any process in respect of which the patent is granted may be used, by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils.

Any process in respect of which the patent is granted may be used by or on behalf of the Government for the purpose merely of its own use;

In the case of a patent in respect of any medicine or drug, the medicine or drug may be imported by the Government for the purpose merely of its own use or for distribution in any dispensary, hospital or other medical institution maintained by or on behalf of the Government or any other dispensary, hospital or other medical institution which the Central Government may, having regard to the public service that such dispensary, hospital or medical institution renders, specify in this behalf by notification in the official Gazette.

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