RIGHTS AND RESPONSIBILITIES OF A PATENTEE.pptx

Rights and Responsibilities of a Patentee (Summary)
Rights
Exclusive Use: Sole rights to make, use, sell, or license the invention.
Protection: Legal action against infringement.
Monetization: License, assign, or commercialize the patent.
Recognition: Acknowledgment as the inventor.
Responsibilities
Disclosure: Fully disclose invention details.
Fee Payment: Pay maintenance fees.
Utilization: Ensure commercial use, where applicable.
Legal Compliance: Avoid misuse or anti-competitive practices.
Public Interest: Support welfare through compliance with laws like compulsory licensing.
These ensure a balance between innovation and societal benefit.

1. RIGHTS AND RESPONSIBILITIES OF A PATENTEE PRESENTED BY : PRATIK PRAKASHRAO KEDARE M-PHARMA PARUL INSTITUTE OF PHARMACY PARUL UNIVERSITY,VADODARA,GUJARAT PHARMACEUTICAL VALIDATION – M PHARMACY 1 ST YEAR

2. WHAT IS PATENT A patent is a particular privilege granted to the creator of a novel idea. He can take advantage of his patent rights up until the end of the patent’s term. 

3. WHAT IS PATENTEE A patentee is the individual who creates a new product, an enhancement to an existing product, or a brand-new method of producing an existing product.

4. WHAT ARE THE RIGHTS OF PATENTEES ? 1. Exclusive right: The exclusive right to patent is provided by  Section 48  of the Patent Act of 1970. As is well known, a patent can cover either a method or a product. By prohibiting the patent in both cases—whether it involves a product or a process—Section 48 grants exclusive rights. If a product is the subject of the patent manufactured by the patentee, the exclusive right to patent prohibits third parties from manufacturing, putting up for sale, selling, importing, or using the product developed by the patentee without his approval. If the patentee has obtained a patent for a method, the patentee’s exclusive right prohibits third parties from using, selling, or importing the product made using that method without the patentee’s permission. 2. Right to Exploit the Patent: In India, the right to produce, use, market, and distribute the patented goods is granted to the patent holder. If the innovation involves a manufacturing method, the patentee has the right to assign the process to another individual who has been given their permission. The agent of the patent holder may exercise this authority.

5. WHAT ARE THE RIGHTS OF PATENTEES ? 3. Right to Assign and License: The power to assign or give license to third parties for the purpose of producing and distributing the patented goods is provided to the patent holder under Section  69(5) of  the Patent Act of 1970. For a patented product with multiple patent owners, all patent owners must concur to grant the license to a third party collectively. The license is not considered to have been issued until the administrator has correctly authorized the request. Thus, for the assignment or license to be legal and valid, it must be in writing and submitted to the Patent Authority. 4. Rights to surrender: The patent holder has the right to give up his patent after requesting approval from the controller. After that, in compliance with the Indian Patents Act, the controller advertises this surrender. The controller can then be contacted by those who are eager to own a patent. The controller looks into the parties’ claims and gives up ownership if necessary. 5. Right before selling: A patent is sealed from the date of notification for acceptance until the date of acceptance of the notification, as per  Section 24  of the Indian Patents Act. After the notification of acceptance is presented, the patentee’s righ ts are in effect.

6. WHAT ARE THE RIGHTS OF PATENTEES ? 6. Right to Sue For Infringement: Any violation of the rights of a patent holder is referred to as a patent infringement. In the event that their rights have been violated, patent holders have the option of going before either a district court or a high court. If the defendant is found guilty of infringement, the courts may award both damages and a permanent injunction. 7. Right to Apply for the Patent of Addition: The Patents Act of 1970,  sections 54 to 56 , contain this clause. The provision allows modifications to the current invention. The patent holder is entitled to the enhanced innovation in these circumstances as soon as the notification of approval is made public. When the notification is presented, the owner is awarded the same rights as those of the earlier patent.

7. THANK YOU