THE RIGHTS OF THE

PATENTEE
 Comparative Chart
• India
• Section 48
• US
• Section 154
• UK
• Section 60
 Patentee Defined
• Section 2 (p) of the Act
 Analysis of S 48
Product Patent
• In respect of product patent, the patentee has
the exclusive right to prevent the third parties
from:
– Making that product
– Using that product
– Offering for sale that product
– Selling (actual) that product
– Importing for the purpose of Making that product
– Importing for the purpose of Using that product
– Importing for the purpose of Offering for sale that
product
– Importing for the purpose of Selling that product
 Process Patent
• In respect of process patent, the patentee has the
exclusive right to prevent the third parties from:
– The act of using that process
– The act of using the product obtained directly by that process
– The act of offering for sale the product obtained directly by
that process
– The act of selling the product obtained directly by that process
– The act of importing for the purpose of using the product
obtained directly by that process
– The act of importing for the purpose of offering for sale the
product obtained directly by that process
• The act of importing for the purpose of selling the
product obtained directly by that process
 Other Points
• Anyone who has taken the consent of the
patentee is not prevented from doing the
acts specified in Section 48.
• S 68
• The rights guaranteed are available within
the territory of India.
• The rights guaranteed are subject to
certain statutory limitations and conditions.
• S 47, S 49, S 100, S102, S107, S107A
 Nature of the Rights
• Statutory
• Negative in form
• Property [Farbenfabrieken Bayer v. Joint
Controller of Patents and Designs (AIR
1963 Cal 433)