after Grant of patent : right of patentee


after Grant of patent : right of patentee

Rights of a patentee

As per section 48, that is Rights of patentees: a patent granted confer upon the patentee (a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India; (b) where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, 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.

Section 48 of the Act confers following rights upon the patentee (you) subject to the other provisions contained in this Act and the conditions specified in Section 47:
(a) Product Patent
Where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have the patentee’s consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;
(b) Process Patent
Where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have the patentee’s consent, 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.

About 

Registered Patent Agent India (IN/PA 2352) with bachelors degree in electronics and telecommunication engineering. Working in patents and IPR field since 12+ years. associated with leading Intellectual Property firms in India Successfully helping inventors and businesses in securing their Intellectual Property Rights (IPR) including Patents, Trademarks, Designs & Copyrights along with Contract & Commercial Matters.