Patent is a extra special right given to inventors for their creations. This term patent comes from the Latin word which means ‘To lay open’. In Bharat, rules for the patent are given in the Patents Act, 1970. It provides exclusivity rights to patentee for a specific period. In order to get these the inventor shall disclose their invention. This means other individuals can not make, use, sell or import that patent product without the patentee’s permission.
Requirements for getting Patent:-
- Usefulness: The invention should be beneficial to a large number of users.
- Non-Obviousness: It shall be not obvious to the individual who is making it.
- Industrial Application: It shall be of such nature that it could be used in an industry.
- Non-Patentable Inventions: It shall not fall under the categories which are laid in Section 3 & 4 of the Patents Act, 1970.
- Novelty: It shall be new and not known to the public.
Who Is Patentee?
The person who receives patent rights is called a ‘Patentee’. The Patentee has the legal ownership of the Patent, making it to be treated like a Property. This grants Exclusive rights, which prevent others from making, using or selling the product. Section 48 of Patent Act, 1970 provides the rights of the Patentee. The exclusive rights are provided by the government to promote inventors for creating new and useful things. Although, it’s important to note that these rights are conditional and subjected to certain conditions which are given in Section 47 of Patents Act, 1970.
Rights of a Patentee
The rights of the Patentee are not absolute it comes with specified regulations. The rights of a Patentee are:-
1. Right to Exclusivity
Right to exclusivity is detailed in Section 48 of Patent Act, 1970. Be it a method/technique or a product it provides exclusive rights. If the patent is of a product the patentee receives exclusive right of preventing others from manufacturing, selling, importing or using the product without any permission. If its a method the patentee could prevent anyone from using, selling or importing the products which are made using that method.
2. Right to Exploit the Patent
Patentee gets the exclusive right of making, using, exercising, selling or distributing the patented product or use that method. It could be exercised by patentee or their authorised agents/licensees. Although these rights are valid only during the term of the Patent, which is 20 years from the date of filing the patent application. This remains in force as long as the renewal fees is paid.
3. Right to License
Section 70 of Patents Act, 1970 provides the patentee the right to grant license to other individuals for the use of the patented invention. If there are many owners of that patent all the owners can collectively grant license to third party. This must be documented and in writing before the Controller of Patent.
4. Right to Assign
Section 69(5) of Patent Act,1970 gives the right to assign or provide license to third parties for producing and distributing patented goods. Where multiple owners share that patent, owners shall agree to grant the license. This license is only valid after the authority has properly authorised such a request. So, for the assignment or the license to be valid and legal it shall be in writing and submitted to the Patent Authority.
5. Right to Surrender the Patent
Under the section 63 of Patents Act, 1970, the patentee has the right to surrender the patent. There is not any mandate to have monopoly over the patent for 20 years. The patentee could submit a surrender application to the controller, who publishes it in official gazette. The parties which are interested could oppose the surrender and if there are sufficient grounds a hearing for the same could be conducted.
6. Right to Sue for Infringement
Infringement occurs when the rights of Patentee are violated, it involves the unathorised making, using, selling or distribution of the invention. Patentee, their Assignee, licensee or the agent have the right to file a suit for infringement in a court which is not lower than the district court. If the court founds any sort of infringement or violation it could grant an injunction or provide for damages(compensation)
7. Right to be Issued a Duplicate Patent
Section 154 of Patents Act, 1970 redresses the loss or destruction of patents. As, the patentee has a right to apply for duplicate patent if original is lost or destroyed.
8. Right to Make a Convention Application
All Patentee in the country have a right to make a convention Application for protecting the patent in the countries to the Intellectual Property conventions. This right is based on the principle of Reciprocity and National treatment in the International Law.
9. Right to Make a Patent of Addition
Section 54-56 of Patents Act, 1970 provide the right of Patentee for a patent of Addition which allows modification to existing inventions. The holder is given rights for the modified invention after the notification of acceptance. All these rights are equal to those given in the original patent, but only after the notification is published.
Responsibilities of Patentee
Being the proprietor of patent, patentee has specific obligations for upholding and enforcing the rights in the patent. The obligations of Patentee include:-
1. Duty to Pay Statutory and Maintenance Fees
The Patentee is obligated for paying all the statutory costs which are associated with registration procedure for having the patent. The non payment of this as provided in section 142 of Patent Act makes the patent ineligible for consideration.
2. Duty to Disclose the Patent
According to the section 8 of Patent Act, 1970 the patentee shall disclose the invention to the society. This duty of patentee involves revealing all the necessary information about the similar innovation which are documented in different applications at time of applying for a patent or in six months of submitting this applications.
3. Duty to Request for Examination
Section 11B of Patent Act, 1970 makes it obligatory for the patentee in requesting examination within a prescribed time. As, no patent application could be examined unless there is such request made by the applicant or any party.
4. Duty to Work on the Invention in India
The Patentee is required to work on the invention in India, either by manufacturing the product or licensing it to others. This duty of patentee aims for preventing the patentee to merely holding the invention without any contribution to its development. These products shall be made available for the public at much reasonable price which meets the reasonable requirements of the public.
5. Duty to Respond to Objections
If any objection is made in the First Examination Report (FER), it is obligatory for the patentee to respond to these objections. Upon failure to seek clarification within one year from date of FER could result in rejection of Patentee’s Application
6. Duty to not Misuse the Patent
Its prohibited to use the Patent to violate laws and regulations, harm the public interest or unfairly dominate a market. It id not permitted for making false or misleading statement about any invention in advertising, marketing or promotional materials. Its obligation of the patentee for ensuring the ethical use of patent.
Conclusion
Being a patentee provides both rights and responsibilities. Patent rights could not be absolute, but grant exclusive privileges which include the right to prevent others from using, making or selling the invention. Also, these rights of Patentee are conditional upon fulfillment of certain responsibilities.
Also, the patentee’s responsibility for objections and not misusing this patent. This framework provides for surrendering a patent and puts restrictions on Patentee’s right such as compulsory licensing. Having a balance between the rights and obligations of patentee is important for ethical and better patent management.
