This article has been written by MS. KHUSHI BAJPAI, a 2nd year learner of SYMBIOSIS LAW SCHOOL, NOIDA
Who is a patent holder?
A Patent holder invents a procedure or product whose exclusive Rights and Obligations of Patentee are given to the Patent holder as an inspiring force for investment in creative or inventive exercises and for the spread of such exercises in public at large for learning. However, these exclusive Rights and Obligations of Patentee are not unending and can revocation of such rights can be done in certain exceptional circumstances where is need to balance the interest of the Patent holders and with others.
These Rights and Obligations of Patentee are subject to the following restrictions and exceptions:
Utilization in research or experimental settings; use on outdoor vessels;
• obtaining administrative approval from a variety of specialists; reducing patent rights and comparable imports; and requiring governments to relate to, purchase, or employ inventions.
The period that a patent is valid stays unaffected, even if there are restrictions or exceptions. Therefore, a patent is a collection of exclusive rights and responsibilities that a state grants to an inventor of an invention or his or her assignee for a certain amount of time in exchange for the inventor disclosing the invention. It refers to a gift of a benefit, item, or expert given to at least one person by the nation’s government or sovereign. The method or process by which it is carried out is referred to as a patent. A person’s invention is the result of their intelligence being combined with work and resources to create something new and beneficial. such an invention or creation or invention turns into the restrictive property of the inventor on the grant of Patent.
What are the benefits conferred upon the patentee of a patent?
The exclusive rights and responsibilities of the patentee to make money off their innovation are set down in India’s patent law. Such Patentee Rights and Obligations are provided to incentivize the innovator to finance cutting-edge startups. In addition, the innovator should be informed that any developments they create will be guaranteed and protected by the law, making it difficult for others to steal their ideas or produce similar ones.
• According to the Patent Act of 1970, such protection is given for a specific amount of time (often 20 years), during which the inventor will have a limited number of patentee rights and obligations. When a patent is granted, certain exploitative rights and obligations of the patentee are made available as a perk for disclosing the innovation or creativity of the patentee to the general public.
• The governing rights and obligations of the patentee are typically granted for a period of 20 years and are assignable, allowing the patentee to get a license for the innovation and increase the profit from it.
The following rights and obligations of the patentee are provided under the agreement, in accordance with Article 284 of the TRIPS (Trade-Related Aspects of Intellectual Property Rights):
A registered Patent should confer the following exclusive Rights on its owner:
- 1. to prevent any third parties from using, manufacturing, offering for sale, selling, or importing the owner’s goods for these uses without the owner’s authorization when the patent’s subject matter is a product
2. To restrict any third parties from using, creating, offering for sale, selling, or importing for these purposes at least the product that is obtained directly by such a process when the subject matter of the patent is a process and they do not have the owner’s permission to do so.
• The patent holder should also have the authority to assign the patent, transfer it by descent, and enter into licencing agreements.
What are the rights of patentee as per the patent act, 1970?
A patent grant in India gives the patentee the only right to use the patented invention, make the invention, or use the patented technique associated with the invention. The Patent Act of 1970 outlines certain rights and responsibilities of patent holders. The following are the various patentee rights:
- When a patent is granted for a product, the exclusive right to prohibit any third party from offering, using, creating the product for sale, importing, or exporting the product within the territory of India;
• In cases where the patent’s subject matter relates to a process, the exclusive right to bar any third party acting without the patent owner’s consent from offering, using, making for sale, importing, or exporting such products that are obtained directly from the process within the Indian subcontinent;
• In accordance with Section 48 of the Patent Act, 1970, the Patentee’s product should also not preclude patentability in India.
The elaborated Rights of Patentee in India are as follows:
Right to exploit the patent
When the invention is a product, the Patentee has the only right to use, manufacture, import, or sell it in India for certain connected uses. The right to exploit, on the other hand, refers to the sole right to employ the procedure or method inside the boundaries of India where the inventor’s invention is a method or process for producing any good or material.
Right to grant license
A patent gives the patentee the authority to offer licenses, transfer rights, or enter into agreements in exchange for money. The assignment or license must be in writing and registered with the Controller of Patents in order to be valid and legal. A patent assignment paperwork is not accepted as proof of a patent’s ownership unless it is registered, and this regulation only applies to the assignee, not the assignor. (According to Section 69(5) of the 1970 Patent Act)
Right to surrender
The Patentee of a Patent has the right to surrender a Patent at any time and for any reason by giving notification in the way specified. The Journal must publish the advertisement for such a surrender offer. The publishing is carried out to give the public a chance to object to the Patentee’s offer of surrender. This is done when the Patentee decides to give up the Patent after realising that they will not be performing under the Patent in the future.
Right to sue for infringement
The Patentee has the legal right to file a lawsuit for patent infringement before a district court, which has jurisdiction to hear the case.
Right to use and enjoy patent
The Patentee of the Patent has the sole authority to exercise, create, use, convey, or provide the patented substance or object in India, as well as to use any associated processes or techniques. The Patentee, as well as any of his or her licensees or agents, may exercise these rights.
What are the obligations of patentee as per the patent act, 1970?
A patentee has specific rights and obligations after a patent is granted to them. The following are the obligations of the patentee:
Duty to disclose
The Patentee’s obligation to disclose is carried out by Section 8 of the Patent Act of 1970[1]. According to Section 8(1) of the Patent Act of 1970, a patent applicant is required to disclose all necessary information regarding any far-reaching uses of a comparable or identical invention that have been documented by the applicant, through the applicant, or through a third party within six months of the application.
The holder of a patent must make a record of all the information specified in the applications and, in addition to the foregoing, make every effort to reveal all the pertinent information in any subsequent applications that may be recorded at later stages.
According to Section 8(2) of the Patent Act of 1970, the Patentee is required to give the Controller of Patents any and all information requested by the Controller of Patents regarding any remote applications within six months of the Controller of Patents’ request. When a man files a patent application, the first phase of the patentee’s duties kicks in. The second stage, on the other hand, starts when the Controller of Patents makes a demand in accordance with the Patents Act of 1970.
Duty to request for examination
Contrary to other intellectual property rights, the grant of a patent cannot be subject to any form of automated review throughout the registration process. According to Section 11(B) of the Patents Act of 1970, it is the responsibility of the Patentee to request that the Controller of Patents examine the growth or development related to the patent in the method.
Duty to respond to objections
Before approving the inspection request, the Controller of Patent sends it to the analyst, who examines the growth and submits a report to the Controller of Patent known as the First Examination Report (FER). In some circumstances, protests may be raised in the First Examination Report (FER). In such instances, the Patentee has the right to respond to such opposition complaints and give their consent within a year of the FER’s issuance, failing which the Controller of Patents will surrender the Patentee’s application.
Duty to clear all objections
It is the responsibility of the patent holder to address any objections that have been presented, to resolve each one, and to also take down any oppositions that have been made against his or her invention. A meeting can also be necessary if the Controller of Patents has not completed his or her duties. Additionally, it is the responsibility of the patent holder to seek advice and address any concerns and, if any, oppositions brought against the inventor’s innovation.
Duty to pay statutory fee
The Patentee is obliged to pay all statutory fees necessary to get a grant of a patent during the registration procedure; otherwise, the Patentee’s application for the grant of a Patent would typically not be handled. The regulations associated with payment of fees and the repercussions for not paying such mandated costs are accomplished by Section 142 of the Patent Act, 1970.
After following this procedure and the patentee of the patent has resolved all objections and restrictions made against his or her invention, if the patent controller is satisfied, he or she will grant a patent to the invention and publish it in the Journal; otherwise, the controller will typically reject such a patent..
Conclusion
The Patent Act of 1970 contains laws relating to a patentee’s rights and obligations. According to the Patent Act of 1970, the Controller of Patents is responsible for managing all of the rights and obligations of the Patentee. All rights and obligations must be upheld by the patentee. India’s patent registration process is drawn-out and time-consuming.
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