What are the rights of Patentee? Explain.

What are the rights of Patentee? Explain.

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What are the rights of Patentee? Explain.

SOLUTION:

Rights of Patentee:

The Right to Exploit The Patent:

Section 48 confers the right to exploit the patent on the patent on the patentee or his assignee or his agent when such a right is exercised within the condition imposed by section 47 of the Act.

Right To License:

• Section 70 of the Act Confers, Interalia, and the right on a grantee or proprietor of a patent to grant License.
• For instance, a patentee of invention of new sound system has a right to license his right to another party to make and sell the system in a particular territory.

Right To Assign:

• Section 70 also confers on the patentee the right to fully or partially assign his patent to another or others.
• Such assignment and licensing should always be in writing in express agreements.
• Such agreement should be registered to avoid litigation later.

The Right to Surrender the Patent:

• A patentee is not under an obligation to maintain his monopoly right on the patent for the entire term of the patent. He may surrender the patent any time.
• Section 63 provides that a patentee may, at any time by giving notice to the controller, offer to surrender his patent.
• The controller, before accepting the offer of surrender, publishes the offer in India to give opportunity to the parties having any interest, for instance licensees, to oppose the offer of surrender.

Right to sue for Infringement:

• The exclusive right conferred by a patent can be meaningful and lasting only when the statue confers a right on the patentee to take legal action for protection of his patent rights.
• Patentee, his assignee, licensee or agent has the right to institute a civil suit in a court not lower than the District Court in case of any infringement.