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CHAPTER VIII GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY

Section 48: Rights of patentees

The Patents Act, 1970

1[Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee—

(a) where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India;

(b) where the subject matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.

2* * * * *]

Footnotes in the official text

  1. 1.Subs. by Act 38 of 2002, s. 25, for section 48 (w.e.f. 20-5-2003).
  2. 2.The proviso omitted by Act 15 of 2005, s. 36 (w.e.f. 1-1-2005).

Questions on this section

1 question in 2 of our papers cite Section 48. Try these from the free papers:

  1. 1. Assertion (A): Importation of patented products by any person from a person who is duly authorised under the law to produce and sell or distribute the product is not an infringement of patent rights. Reason (R): Under Section 48 of the Patents Act, 1970, a product patent confers on the patentee the exclusive right to prevent third parties, who do not have his consent, from making, using, offering for sale, selling or importing for those purposes that product in India.

Practise questions on Intellectual Property Law