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Author Topic: A patent granted under the Act confers upon the patentee  (Read 1807 times)

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amit

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A patent granted under the Act confers upon the patentee
« on: February 10, 2012, 08:14:46 PM »
A patent granted under the Act confers upon the patentee -

#  where the patent is for an 'article or substance, the exclusive right by himself, his agents or licensees to make, use, exercise, sell or distribute such article or substance in India;

# where a patent is for a method or process of manufacturing an article or substance, the exclusive right by himself, his agents or licensees to use or exercise the method or process in India.

Obviously therefore, a patent for a process confers merely an' exclusive right to use the 'patented' process and not the exclusive right to sell or vend the product made or produced by the process. In: other words, a process patent does not confer any, right to the resulting product. However, for the purpose of opposition and revocation proceedings it has been specified that if a product made by the process has already been imported into India" except for the purpose of reasonable trial or experiment only, such importation

 

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