The Patents Act, 1970, replaced the earlier Indian Patents and Designs Act, 1911 and came into force on April 20, 1972, with subsequent amendments, notably in 2005, to align with international standards like the TRIPS agreement. The primary objective of rights under patent law is to encourage technological development by granting inventors exclusive rights over their creations and also safeguarding public access to essential goods and services. This article defines exclusive rights under Patent Law granted for a new product or process involving an inventive step and capable of industrial application, as given under various sections of the legislation.
Step into the future of legal expertise! Join our Advanced Certification Program in Intellectual Property Law, created by The Legal School in collaboration with Khaitan & Co. Designed for fresh law graduates and professionals, this unique course boosts your legal career. Don’t miss this opportunity—enquire today to secure your spot!
Rights Under Patent Law: Patents Act 1970
The Patents Act, 1970 fosters innovation by granting exclusive rights to inventors while balancing public interest. This article provides an overview of the rights conferred under the Act. The analysis is structured to cover exclusive rights, conditions, duration and additional provisions, ensuring a thorough understanding for legal scholars, inventors and policymakers.
Extent and Form of Patent
Section 46 of Patents Act, 1970 outlines the formal and geographical scope of patent rights:
Form of Patent: Every patent shall be in the prescribed form, as determined by the Controller of Patents, which ensures standardization and legal enforceability.
Extent of Patent: A patent shall have effect throughout India, which provides nationwide protection and prevents regional disparities in enforcement.
Effect of Patent: A patent shall be granted for one invention only. The proviso to Section 46(2) states that no objection can be raised in any suit or proceeding on the ground that a patent has been granted for more than one invention, clarifying that each patent must focus on a single inventive concept to maintain clarity and avoid legal disputes.
Term of Patent
The duration of patent protection is an important aspect because it determines the period during which the patentee enjoys exclusive rights. According to Section 53 of the Patent Act, 1970:
The term of every patent granted under the Patents Act, 1970 is 20 years from the date of filing of the application for the patent.
For international applications under the Patent Cooperation Treaty designating India, the term is 20 years from the international filing date.
If the renewal fee is not paid within the prescribed period or extended period, the patent ceases to have effect, and the subject matter loses protection upon expiry or cessation due to non-payment.
Also, Get to Know About Infringement of Geographical Indication.
Exclusive Rights of Patentees
The core of the Act lies in Section 48, which delineates the exclusive rights granted to patentees, subject to other provisions and conditions in Section 47. These rights are bifurcated based on whether the patent is for a product or a process:
Product Patents
The patentee has the exclusive right to prevent third parties, who do not have their consent, from:
Making the patented product.
Using the patented product.
Offering the patented product for sale.
Selling the patented product.
Importing the patented product for any of the above purposes in India.
This ensures the patentee can control the commercial exploitation of their invention, protecting against unauthorized manufacturing or distribution.
Process Patents
The patentee has the exclusive right to prevent third parties, who do not have their consent, from:
Using the patented process.
Using, offering for sale, selling or importing the product obtained directly by the patented process.
This extends protection to the method of production, which ensures that products derived from the patented process cannot be exploited without permission.
These rights are crucial for incentivizing innovation because they allow patentees to monetize their inventions through licensing, sales and exclusive use, which fosters economic growth and technological advancement.
Rights of Co-owners and Additional Provisions
The Act simplifies rules for cases where multiple inventors or owners are involved in a patent, making sure everyone’s rights are clear:
Co-owners’ Rights (Section 50): When a patent is shared by two or more people, each co-owner has equal rights to use, make, or sell the invention on their own, unless they’ve agreed otherwise. This gives co-owners freedom to act independently, as long as any agreement they have is followed.
Transferring or Licensing Patents (Section 68): A patent can be sold, transferred, or licensed, either fully or partially, with or without the business’s goodwill. These deals must be written down and registered with the Patent Controller to be legally valid.
No Infringement in Special Cases (Section 49): Patent rights aren’t violated if a foreign ship, plane, or vehicle using the patented invention enters India temporarily or by accident. This protects international travel and avoids legal issues.
Resolving Co-owner Disputes (Section 51): If co-owners disagree on how to use their patent, the Patent Controller can step in and give instructions to settle the issue, which ensures joint patents work smoothly.
Summary
The Patents Act, 1970 establishes a robust framework for protecting intellectual property in India, granting patentees exclusive rights to control the commercial exploitation of their inventions for 20 years, while incorporating exceptions for government use, research and public health. The provisions of Patent law ensure nationwide enforceability, flexibility in ownership and alignment with international standards and fostering innovation while safeguarding public access to essential technologies. This detailed analysis underscores the role of Patent law in promoting technological advancement and economic growth along with a careful balance between private rights and public welfare.
Related Posts:
Rights under Patent Law: FAQs
Q1. What are the Patentees rights under Patent Law ?
Patentees have exclusive rights to prevent others from making, using, selling, or importing their patented product or process without consent for 20 years.
Q2. What are the 4 types of patents?
Utility Patents: For new and useful processes, machines, or compositions, Design Patents: For ornamental designs of functional items, Plant Patents: For new, asexually reproduced plant varieties and Provisional Patents: Temporary applications to secure a filing date (not applicable in India).
Q3. Who has a right to a patent?
The inventor, their assignee, or legal representative (in case of deceased inventor) has the right to apply for and obtain a patent.
Q4. What are the exclusive rights of patents?
Patentees can exclude others from making, using, selling, offering for sale, or importing the patented product or process without permission.
Q5. What is a patent right with an example?
A patent right grants exclusive control over an invention. Example: A patentee of a new drug can prevent others from manufacturing or selling it without consent.
