{"id":3175,"date":"2019-09-01T22:32:47","date_gmt":"2019-09-01T17:02:47","guid":{"rendered":"https:\/\/patentattorneyworldwide.com\/in\/?page_id=3175"},"modified":"2025-12-05T01:45:34","modified_gmt":"2025-12-04T20:15:34","slug":"rights-of-a-patentee","status":"publish","type":"page","link":"https:\/\/patentattorneyworldwide.com\/in\/rights-of-a-patentee\/","title":{"rendered":"19. Rights of a patentee"},"content":{"rendered":"\n

Rights of a patentee<\/h1>\n\n\n\n

Right of patentee after grant of patent:<\/strong> 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.<\/p>\n\n\n\n

As per section 48, that is Rights of patentees are:<\/p>\n\n\n\n

a patent<\/a> granted confer upon the patentee<\/p>\n\n\n\n

(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;<\/p>\n\n\n\n

(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.<\/p>\n\n\n\n

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<\/p>\n\n\n\n

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\u2019s consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;<\/p>\n\n\n\n

(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\u2019s 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.<\/p>\n\n\n\n

In summary :<\/p>\n\n\n\n

Owning a patent for your invention gives you the right to exclude others from making, using, selling, offering for sale or importing patented invention in India. That is no other party can do the above-mentioned activities about your invention without your consent (permission).<\/p>\n\n\n

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