A patentee is defined as the person or entity registered as the owner of a patent. As patentee, they have the exclusive right to prevent others from commercially exploiting the patented invention without permission. These rights include making, using, selling, or importing the patented product or process. However, the rights of a patentee are not absolute. The government can use patented inventions for its own purposes without consent. Compulsory licenses may also be granted allowing others to use the patent. The patent can also be revoked if it is not worked sufficiently to meet public demand.
2. Patentee is a person for the time being entered in
the register of patents as the grantee or proprietor
of patent.
Patentee is the one to whom patent has been
granted.
Patentee is entitled to deal with his such property
in the same manner as the owner of any other
movable property deals with his property.
3. Rights of the patentee are enshrined under section
48 of the Patents Act, 1970.
All rights granted to patentee are conditional
which are imposed under section 47 of the Act.
Such conditions are :
1. Manufacture or import of the patented invention may be
made by the government for the purpose of its own use.
2. 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.
4. Rights of PatenteeRights of Patentee
3. Any patented process/product may be used for the
purpose of experiment or research or imparting of
knowledge to pupils.
4. In 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.
5. Patentee has been enshrined with following rights :
Where the patent is for a product, the exclusive right to
prevent third parties, who do not have his consent, from
act of making, using, offering for sale, selling or
importing for those purposes that product in India.
Where the subject matter of 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.
6. The rights conferred under the Act are:
To exploit the patent.
To license the patent to another (sec.70).
To assign the patent to another (sec.70).
To surrender the patent to another(sec.63).
To sue for the infringement of the patent.
7. The Act provides certain limitations on the exercise
of rights. They are:
1) Government use of patent.
2) Compulsory licenses.
3) Use of inventions for Defense purposes.
4) Revocation for non working of patents.
5) Restored patents.
8. 1) Government use of patent:
• Section 100 of the provides that at any time after the
application for a patent had been filed at the patent office or
patent has been granted, the central government may use the
invention for government purposes.
• May be used or even acquired for its own use.
• Can do without consent of patentee or even without payment
of royalties.
• Includes right to sell.
9. 2) Compulsory licenses
• Section 84 stipulates that at any time after the expiration
of three years from the date of grant of patent, any
interested person may make an application to the
controller for grant of compulsory license on patent, if
the patent is not worked satisfactorily to meet the
reasonable requirements of the public, at a reasonable
price.
3) Use of inventions for defence purposes
• Such patents may be subject to certain secrecy provisions.
10. 4) Revocation for non working of patents
• A patent may be revoked in cases where there has been
no work or unsatisfactory result to the demand of public
in respect of patented invention.
5) Restored patents
• Once lapsed, a patent may be restored, provided that
few limitations are imposed on the right of the patentee.