By Admin 
If you’ve created something new and secured a patent for it in India, you now hold the title of patentee. This gives you certain rights over your invention, but it also comes with some important responsibilities. A patent gives you the legal power to control how your invention is used, but there are rules you need to follow to keep your patent active and enforceable.
In this blog, we’ll explore the rights and obligations of a patentee in India, helping you understand what you can do with your patent and what’s expected from you.
What Rights Does a Patentee Have?
- Exclusive Right to Use Your Invention:
As the patentee, you are the sole person who has the right to make, use, sell, or distribute your invention. No one else can do this without your permission, giving you full control over how your creation is handled. - Right to License or Sell:
You can choose to license your invention to others, which means allowing them to use it in exchange for a fee or royalty. You can also choose to sell your patent outright, transferring ownership to someone else. This gives you flexibility in how you profit from your invention without necessarily manufacturing or marketing it yourself. - Right to Take Action Against Infringement:
If someone uses, makes, or sells your invention without your permission, you have the right to sue for patent infringement. You can seek compensation for any losses and request that the unauthorized use be stopped. - Right to Import:
If your invention is produced outside of India, you have the right to import it into the country. This can be helpful if you choose to manufacture your product abroad but want to sell it within India. - Right to 20 Years of Protection:
Your patent is valid for 20 years from the date you file it. During this time, you have the exclusive rights to your invention. After the patent expires, your invention enters the public domain, meaning anyone can use it without needing your permission.
What Are the Obligations of a Patentee?
- Paying Renewal Fees:
To keep your patent in force, you must pay annual renewal fees. If you fail to pay these fees, your patent may lapse, and you will lose your exclusive rights to the invention. - Using the Patent:
In India, you are required to show that your invention is being put to commercial use. This means that it must be available in the market, either through your own efforts or via licensing. You’ll need to submit a statement of working to the Patent Office detailing how the invention is being used. - Providing Full Disclosure:
When filing for a patent, you must fully disclose how your invention works so others can understand it. This is important because once your patent expires, others should be able to use your invention freely. If key details are hidden or not disclosed, your patent could be revoked. - Following Compulsory Licensing Rules:
If your invention is not being made available to the public at a reasonable price or if it’s not being used, the government may issue a compulsory license. This allows others to produce your invention without your consent, but you’ll still receive some form of compensation. You must comply with such licenses if issued. - Avoiding Misuse of the Patent:
You should not use your patent to restrict competition or create a monopoly. The purpose of a patent is to encourage innovation, not to block competition or harm the market. If your patent is being used inappropriately, it can be revoked.
Why Rights and Obligations Matter
Owning a patent gives you exclusive control over your invention and how it’s used. However, these rights are balanced with responsibilities to make sure your invention benefits both you and the wider public. Indian law ensures that patents are used for the common good, not just for personal gain.
Conclusion
Being a patentee in India provides you with valuable rights, such as controlling who uses your invention and how it’s commercialized. However, to maintain these rights, you must meet your obligations, such as paying renewal fees and ensuring your invention is being used in the marketplace.
Understanding both your rights and obligations is key to getting the most out of your patent. If you have any doubts or need help with the process, it’s always a good idea to seek advice from a patent professional.
A patent doesn’t just protect your creation—it also contributes to innovation and progress for everyone.