A patent is an exclusive right granted for an invention. The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms. The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.
The enforcement of a patent ensures that the intellectual property rights of the inventor are protected. It provides exclusive rights to the patent holder in respect to the manufacture and sale of the patented product.
Patents are valid for 20 years from the date of filing an application, subject to an annual renewal fee. India’s patent law operates under the ‘first to file’ principle – that is, if two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent.
The patent gives the patentee with the total rights to the invention. This right empowers the inventor to regulate who uses the product, how it can be used and to what extent it can be applied. After completing all the formalities and processes, the exclusive rights will be granted to the inventor. It excludes others from producing, selling or distributing invention.
It lays down three parameters on the basis of which patents are granted:
The product should have a useful purpose.
It should be a novel invention.
The invention should be non-obvious.
Right to exploit the patent
In India, the patent holder is provided with the right to manufacture, use, sell and distribute the patented product. In case the invention is a process of production, the owner of the patent has the right to direct the procedure to the other person who has been authorised by the patentee. This right can be enforced by the agent of the patent holder.
Right to assign and license
The patent holder is granted with the rights of assigning or granting licenses for manufacture and distribution of the patented products to others. In case there are co-owners of the patented product, the permission to grant license to the other person shall be sought from the co-owners. The license would be considered to be granted when the request has been duly authorised by the controller.
Right to surrender the patent
The owner of the patent has the right to surrender his patent after seeking permission from the controller. The controller then advertises about this surrender as per the procedure laid down in the Indian Patents Act. The parties interested in getting the ownership of the patent can then approach the controller. The controller examines the party’s claims and.surrenders the ownership respectively.
Right before sealing
Section 24 of the Indian Patents Act implies that a patent is sealed from the date of notification for acceptance to the date of acceptance of the notification. The right of the patentee begins after the notification for acceptance has been presented.
Right in case of infringement
When any of the rights of the patent holder is violated, then it is termed as patent infringement. This is to mean that if the patented invention is used, manufactured or sold for commercial purposes by any person, then it will be accused of patent infringement. In case of violation of patentee’s rights, the patentee can approach either the district court or a high court. If the person is proven guilty of infringement, the courts will either grant permanent injunction or damages or both.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge