A patentee is a person to whom a grant is made or privilege secured by patent the patentee assigned the patent to his employer.
According to Patent Law, the patentee enjoys exclusive rights by which the patentee possess, use, benefit from and dispose of the patent, and no entity or individual may, without the authorization of the patentee, exploit the patent, that is, make, use, offer to sell, sell or import the patented product, or use the patented process, or use, offer to sell, sell or import the product directly obtained by the patented process, for production or business purposes.
Special Accounting Areas - Hire purchase agreement
Rights of a patentee
1. 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
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.
RIGHTS OF A
PATENTEE
2. RIGHTS OF A
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:
1. 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;
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;
3. 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; and
4. 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.
WHAT ARE THE CONDITIONS TO THE RIGHTS OF PATENTEE?