After Grant of Patent: Right of the patentee
Right of patentee after grant of patent: After the grant of a patent, the patentee is granted exclusive rights to the invention which includes the right to prevent others from making, using, selling, or importing the patented invention without the patentee’s permission, for a specified period of time.
The grant of patent confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the designated country in which the patent is granted” the term of the patent shall be generally 20 years from the date on which the application for the patent was first filed (priority date).
When your patent application is to be granted by EPO, the grant procedure has 2 steps
- EPO should grant the patent and
- The patent should be validated in countries of your interest.
Communication under Rule 71(3)
This is a letter from the EPO which indicates that the application is allowable. A copy of the text for the patent proposed by the EPO is attached to the communication, often including amendments proposed by the Examiner.
Decision to Grant
After a response to the communication under Rule 71(3) approving the text is filed, the EPO will issue another communication, the “Decision to Grant”. This letter informs us that the EPO will now issue the “Certificate of Grant” and publish details of the grant of the patent in the European Bulletin. The Decision to Grant informs about effective date of grant.
Issue of the grant certificate and opposition period
When the certificate of grant of the patent has been issued, it will be sent on to you. There is also an opposition period of nine months from the date of grant in which third parties may file an opposition to your patent. If this were to happen we would inform you immediately.
Validation of the patent in selected designated countries
Within 3 months of the date of the grant, all necessary action must be taken in selected designated countries in order to give effect to your patent.
Translations
Almost all EPC countries require full translations of the specifications to be filed at their Patent Office in one of their national languages.
Publications
The European patent is published at grant. Countries will also publish the translations in their national language. When validation is complete, the patent will be in force in each of your selected countries.
It is important to note that, it is the “right to exclude”. The patent does not grant the right to make, use, offer for sale or sell or import the invention but only grants the exclusive nature of the right.
Since the patent does not grant the right to make, use, offer for sale, or sell, or import the invention, hence if you want to practice your own invention, you need to check if by practicing your invention are you breaking the rights (IPRs) of others ? or are you breaking any other relevant law?
It is important to consider this question and then only proceed with practicing the invention.
that’s what it means by “right to exclude” and it does not automatically mean as a patentee you have the right to practice your invention. (especially if it is infringing on other patents in that field)
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.