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Rights of The Patentee

Under the Indian Patent


Act, 1970
 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
 Prior to the Patents Amendment Act, 2005 only
process patents were granted protection in
respect of food, drugs and pharmaceuticals.

 THOMSON BRANDT Vs. CONTROLLER OF


PATENTS (AIR 1989 Del 249)
The process of manufacture is independent of the
substance produced. Process of manufacture has a
distinctive identity of its own unconnected with the
product of manufacture.
Right to exploit the patent ( Section 48)
The patentee has a right to prevent 3rd parties, from
exploiting the patented invention.

 In case of a product, the exclusive right to prevent third


parties from the act of making, using, offering for ale,
selling or importing.

 In case of a process, the exclusive right to prevent third


parties from the act of using the process and from the act
of offering for sale, selling or importing for those purposes
the product obtained directly by that process in India.
 F. HOFFMANN-LA ROCHE LTD. Vs. CIPLA LTD (2008
(37) PTC 71 (Del)-
The patentee shall have an exclusive right to prevent
third parties , who do not have his consent, from the act
of making, using, offering for ale, selling or importing.

 BAYER CORPORATION Vs. UNION OF INDIA (2010


(43) PTC 12 (Del) DB)-
The rights of the patentee are negative rights
which are enforceable at the instance of the
patent holder.
 AMERICAN CYANAMID Vs. ETHICON (1975) AC
396 at p. 410-
During the period of patent protection, a patent
monopoly not only entitles the patentee to exploit
the invention without any competition; it also
enables him to enter the market in a strong position.
 Right to grant license.
The patentee has a power to assign rights or grant
licenses.

 Right to surrender.
The patentee is given the right to surrender the patent
by giving notice in prescribed manner to the controller.

 Right to sue for infringement.


A patentee is given the right to institute proceeding for
infringement of the patent in a district court.
 Right to sue for infringement.
A patentee is given the right to institute proceeding for
infringement of the patent in a district court.

 Right to apply for patent of addition


The patentee can apply for making modifications in an
existing invention.