Rights and Obligations of Patentees in India

If you’ve invented something new and want to protect it, you can apply for a patent. In India, patents are granted by the government under the Patents Act, 1970, and they give inventors (or patentees) exclusive rights to use, sell, and control their inventions. But having a patent isn’t just about enjoying the benefits—it also comes with certain responsibilities.

What is Patentees in India?

A patentee is the person or company that holds the patent for an invention. Once the Indian Patent Office grants the patent, the patentee becomes the only one allowed to use, sell, or license the invention in India for a certain period—usually 20 years.

Let’s break down what rights and obligations come with holding a patent in India.

Rights of Patentees in India

1. Exclusive Right to Use and Sell the Invention:
   Once you get a patent, you’re the only one who can make, use, or sell the invention. No one else can do this without your permission, and this right lasts for 20 years from the date you applied for the patent.
2. Right to License or Sell the Patent:
   As the patentee, you can choose to license your invention to others. This means allowing other people or companies to use your invention in exchange for royalty payments. You can also sell your patent if you prefer.
3. Right to Take Legal Action:
   If someone uses your invention without your permission, you have the right to take legal action. You can sue for damages and stop them from continuing the unauthorized use.
4. Right to Earn Royalties:
   If you license your patent, you can earn money in the form of royalties. This means you’ll keep getting paid while others use your invention.
5. Right to Full Protection for 20 Years:
   A patent lasts for 20 years, during which time you have full control over your invention. Once the 20 years are up, the invention enters the public domain, meaning anyone can use it.

Obligations of Patentees in India

1. Full Disclosure of the Invention:
   When you apply for a patent, you must fully disclose how your invention works. This ensures that after your patent expires, others can understand and use the invention.
2. Pay Maintenance Fees:
   To keep your patent valid, you need to pay maintenance fees regularly. If you don’t, the patent can expire before the 20-year period ends.
3. Use the Patent in India:
   You’re required to “work” your patent in India. This means you must either use the invention yourself or make it available for others to use. If you don’t, the government might step in and allow someone else to use your invention under what’s called a compulsory license.
4. Submit Annual Reports:
   Every year, you have to submit a report to the patent office, stating whether or not your invention is being used in India. This ensures transparency and shows that your patent is benefiting the country.
5. Avoid Misusing Your Patent Rights:
   Patentees are expected to act fairly. You can’t use your patent to block competition unfairly or engage in practices that harm the market, like charging excessively high prices. If the government finds you misusing your patent, they can take action.
6. Comply with Compulsory Licensing:
   If the government grants a compulsory license—meaning someone else can use your invention to make it available to the public—you are required to comply. This usually happens if the product is not being made in sufficient quantities or at a reasonable price.

Conclusion

Having a patent in India gives you a lot of control over your invention. You can prevent others from using it, sell it, or license it to others and earn royalties. However, being a patentee also comes with important responsibilities. You need to make sure your invention is available to the public and not misused.

By understanding your rights and meeting your obligations, you can fully benefit from your patent while contributing to the overall growth of innovation in India. Having a patent isn’t just about protecting your invention; it’s about ensuring it benefits society as well.