Rights Of Patentee

Every great invention is once an idea, and those revolutionary ideas must be protected more than ever in today's world. This is where ‘Patent’ comes in as a safeguard that provides the inventor complete rights and legal ownership of that idea. All previous great ideas were first patented by the inventor to get legal rights and prevent copying the invention. Whenever an invention is patented, the inventor, known as the patentee, receives several legal rights to protect the idea.

However, many inventors and businesses still don't understand the importance of patents and why having legal rights is essential in today's competitive world. So, if you have a great idea and want to protect yourself from getting copied by someone else, then it's the right time to understand the importance of patents and why you need to patent your idea immediately.

In this article, we will understand everything about the Patent, its importance, the role of the patentee, the rights of patentees, limitations, and relevant cases. So, without any further delay, let's find out!

What is a Patent?

A patent is a legal document that is given to the inventor to protect their ideas or creations legally and give the inventor, known as the patentee, exclusive rights to stop others from copying the idea or creation. In India, the Indian Patents Act of 1970 outlines the rule for Patents, where inventory gives Patents an exclusive right over their invention for a limited time, and legally, no other can make, use, or copy the invention without the patent holder's permission. In return, an inventor must fully disclose their invention while applying for the Patent. So, at least others can’t copy the patent's product or process. Also, the inventor can sell or transfer the idea or creation to someone else and transfer the patent ownership to another.

Essentials For Getting A Patent

To get a patent, here are some essential things to consider for eligibility:

1. Novelty: The invention must be new and not something that the public has used before.

2. Non-Obviousness: The invention should not be obvious to someone skilled in that field. It should include inventive steps.

3. Industrial Application: The invention must be useful in any industry and be used practically.

4. Usefulness: The invention must benefit society, and if it doesn't help people, it can't be patented.

5. Non-Patentable Invention: The invention should not fall under the categories listed in Sections 3 and 4 of the Indian Patent Act, 1970, which also specify certain inventions that can't be patented, such as discoveries, theories, plants, animals, etc.

Why Is It Important To Have An Invention Patented?

It's essential to patent your invention because it will protect the inventor's unique idea and give them the exclusive right to use it for a certain period. Here are some key reasons why a patent is crucial for invention:

1. Protection from Theft: A patent is a legal document that helps the inventor protect the idea or creation by copying or stealing without your permission.

2. Ensured Exclusivity: The patent of a particular idea or creation gives exclusive rights to the inventor and lets them decide how the invention is used, sold, or manufactured.

3. Commercialization: Patents can make it easier to turn inventions into businesses by giving the inventor all the pieces of the patents to build or sell the invention.

4. Increased Value: A patent invention adds value to a brand and increases its financial reputation.

5. Investment Attractions: A patent increases the value of an idea or creation, which attracts investors to turn it into a profitable business.

Once the patent is granted, the inventory gets exclusive rights and legal documents, such as ownership and protection for unauthorized use.

Who Is A Patentee?

A patentee is a person who receives a patent and becomes a legal owner of the invention. Having this legal ownership gives them exclusive rights, which means no one else can use, copy, or sell the patented products or processes without the owner's permission for a patent term. As per Section 48 of the Indian Patent Act of 1970, the government grants these exclusive rights to encourage inventors to make more inventions for a better world. However, some conditions come with the legal rights that need to be followed as per Section 47 of the Indian Patent Act of 1970. Also, if the patent is sold or transferred, the new owner becomes the patentee, which can be multiple.

Sections Under The Patents Act of 1970 Dealing With Rights  Of A Patentee

The Patents Act of 1970 outlines the rights of a patentee through various sections. Here are some of the important sections that you need to know:

1. Inventions Not Patentable (Sections 3 and 4): It's important to understand that some innovations that are against public interest or natural laws or involve atomic energy can't be patented in India. So that only eligible, original, and industrial innovations can be patented.

2. Patentee Eligibility (Section 6): Only those who become patentees who are true inventors or authorized by the inventor can apply for a patent. Joint inventors or the legal representatives of deceased inventors can also apply.

3. Foreign Applications (Section 8): If an inventor applies for patents in other countries, they must inform the Indian Patent Controller about these applications. So that they can track the invention's patent status globally.

4. Grant of Patent (Section 43): Once a patent application meets all the legal requirements and is accepted by the Patent Controller, then the patent is granted. However, the duration is not defined how much it will take.

5. Patent Rights Transfer (Section 44): If the original patent dies or the entity ceases to exist, the patent can be transferred to another party to ensure the patent remains valid and usable.

6. Territorial Scope (Section 46): Patent rights can be applied across India to ensure nationwide innovation protection. This is important during times of political uncertainty in certain regions like Jammu and Kashmir.

7. Exclusive Rights (Section 48): A patentee has the exclusive rights to stop others from making, using, or selling their patent invention in India.

8. Infringement Protection (Section 49): If someone accidentally or temporarily uses a patent invention in India (like a foreign aircraft or vehicle), then it's not considered patent infringement. 

People Also Read : What Is An Infringement?

1. Co-Owners of Patenta (Section 50): When there are multiple patentees, each co-owner has equal rights to the patent unless stated or in a contract. However, a co-owner cannot grant a license or sell the patent without the consent of other co-owners.

2. Patent of Addition (Section 54): If an inventor makes improvements to an existing invention, they can file a patent of addition instead of a new patent. This additional patent must be filed using the same inventory.

What Are The Rights Of Patentees?

These are some key rights that patentee gets for their innovation:

1. Exclusive Right

When an innovator patents an idea or creation, then they are known as a patentee. The patent is a legal document that gives the patentee complete authority to manufacture, use, sell, or import their invention. This means no one else can legally create or use the patented invention without permission. This exclusive right is essential for innovation to protect their ideas from being copied and build a monopoly in the market to tune the innovation into business.

2. Right to Use the Patent

The patentee can freely use their innovation in any manner. Whether building, selling, improving, or allowing others to use it, all these rights are exclusive and help the innovator make money by letting others use the innovation.

3. Right to License

The patentee allows others or companies to use their invention in exchange for payment (like royalties). This means investors can earn money without selling the product directly. This can be done on exclusive or non-exclusive terms, depending on what the patentee wants. License allows innovators to generate revenue without directly selling the product.

4. Right to Assign

The patentee has complete rights to assign someone else the patent with all the rights to sell or give away to a person or company. The patentee must give a formal surrender to the patent office to inform the public, and they can also share rights if the innovator wishes to focus on other projects. Also, if there are multiple owners, all owners must agree to any assignment.

5. Right to Surrender the Patent

The patentee can voluntarily give up their patent rights before the expiration, usually around a 20-year term. They submit a formal surrender application to the patent office, which is publicly informed.

6. Right to Sue for Infringement

If someone violates the patentee's rights by using or selling the patented invention without the innovator's permission, then the patentee has the right to take legal action and file a lawsuit against the competent court. This helps the patentee to protect the invention from unauthorized use.

7. Right to a Duplicate Patent

If somehow the patentee loses the original patent document, then they need to re-apply for the duplicate patent documents to maintain the proof of their rights and allow them to continue their private life without any interruptions. These legal documents provide authority and legal ownership.

8. Right to Apply for a Convention Patent

The patentee also has the right to protect the patent in other countries in the part of international agreements. The international agreements are relevant for those inventions which have the potential to revolutionize the global market. By applying for the convention patent, the patentee can secure their rights internationally and ensure the value of their invention.

9. Right to File a Patent of Addition

If the patentee modifies their existing patented invention, they can file for a patent in addition to the new changes. So, a new patent will be granted to the patentee with enhancement coverers, allowing the patent to continuously protect their innovations and ensure the ongoing development of their inventions.

10. Right to Challenge the Patent Validity

The patentee can also challenge the validity of another patent if they believe it is unjustified. It's especially applied when a patentee thinks the invention doesn't meet the necessary criteria. However, there must be a valid and deserving reason to change the patent validity.

Limitations Of Patent Rights

All the patents granted to patentees come with limitations that every inventor needs to know. Here are some important limitations of patent rights:

1. Use of Patent by Government

The government can use someone's patent invention for public purposes, even if the patent holder doesn't agree. If the government wants to use it, they can buy the patent from the inventor and pay them fairly.

2. Compulsory Licenses

After three years of patent, anyone can ask to use the patented invention without the owner's permission. This can happen if:

• The public needs the invention, but it's not available

• The invention is too expensive for most people.

• The invention isn't being made or sold in India.

If these conditions apply, the patent holder may have to allow others to use the invention

3. Use of Invention for Defence Purposes

If a patented invention is important for national defence, the government can keep its details secret. The inventor was not able to share crucial information about their invention publically. And every decision the government made about the invention can't be challenged in the court.

4. Restored Patents

The invention must pay renewal fees on time to keep a patent active. If they miss the payment, then the patent can expire. However, some rules allow the inventor to restore their patent after it has expired. However, during the restoration time, if someone uses the patent, no legal action can be taken by anyone.

Conclusion

Knowing the patentee's rights is essential for inventors because it comes with rights and responsibilities. It allows the inventors to protect their unique inventions from being used, sold, or copied by others. And give legal authority to the patentee as the complete owner. However, various things need to be known before implementing your innovation. We hope this guide helps you know everything about the patent, its importance, the laws around it, and the patentee’s rights to know.

About The Author

Adv. Ravi Teja Indarap with a strong legal background from NVP Law College and Andhra University, brings years of expertise in legal consulting, contract negotiation, and compliance management. His professional journey includes key roles as Legal Advisor at Jupitice Justice Technologies Pvt. Ltd. and Legal Assistant at Trademarkia, where he gained in-depth knowledge of intellectual property law. Currently practicing at the Telangana High Court, he specializes in civil, criminal, and commercial law, offering strategic legal counsel in litigation, contract negotiations, and intellectual property protection, ensuring precise and dedicated solutions to complex legal challenges.