Eligibility for applying for an ordinary patent (Rights of the patentee)

If an invention is made by an employee specifically employed research and development, it is presumed that the invention belongs the employer.

The person applying for a patent may or may not be an Indian citizn.

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Right to use and exercise the patent:

The patentee has the exclusive right to make use, exercise, sell or distribute the patented article or substance in India or to use or exercise the method or process if the patent is for a process. However, this right is exercisable during the term of the patent only.

Right to transfer and surrender:

A patentee has power to assign grant license (exclusive or limited) or otherwise deal with the patent for any consideration.

Right to surrender the patent:

Rights before sealing-during the period from the date of advertisement of the acceptance of a complete specification and the date of the sealing of patent, the applicant can exercise all the privileges and rights of a patentee except the filing of a suit for infringement.

Compulsory Licenses:

The Patents Law stipulates that at any time after the expiration of 3 years from the date of sealing of the patent any person interested may make an application to the controller alleging that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at reasonable price and seek the grant of a compulsory license to work the patented invention.

Revocation of Patents:

A patent can be revoked by the Appellate Board, inter alia, in the following circumstances:

(i) The patent was granted on the application of a person not entitle to apply therefore;

(ii) The patent was obtained wrongfully in contravention of the rights of any person;

(iii) The invention is not new;

(iv) The invention is obvious or does not involve any inventive step;

(v) The invention is not useful;

(vi) The patent was obtained on a false suggestion or representation;

The TRIPS Agreement provides for a minimum term of protection of 20 years counted from the date of filing.

India had already implemented its obligations under Articles 70.8 and 70 9 of TRIP Agreement.

A comprehensive review of the Patents Act, 1970 was also made and a bill to amend the Patents Act, 1970 was introduced in Parliament on 20 December, 1999 and notified on 25-6-2002 to make the patent law TRIPS compatible.