Grant, the patent term and the rights it gives
What a granted Indian patent actually lets you do, and for how long.
A patent gives the right to exclude, not the right to practise. It lets the patentee stop others from making, using, offering for sale, selling or importing the patented product or the product of a patented process in India.
The term is twenty years from the date of filing — not from grant — for every patent, subject to renewal fees being paid. A patent that is granted eight years after filing has twelve years left.
Rights are subject to conditions in the Act: government use, the research and reverse-engineering exemptions, acts done for regulatory submissions, and the compulsory licence regime.
The provisions that govern this
Act sections and Rules are listed separately, as they always are on this site. Open a provision for its own explanation, example and deadlines.
- 19Powers of Controller in case of potential infringement
- 22Acceptance of complete specification
- 24Effect of acceptance of complete specification
- 24AApplication for grant of exclusive rights
- 24BGrant of exclusive rights
- 24CCompulsory licences
- 26In cases of “obtaining” Controller may treat the patent as the patent of opponent
- 28Mention of inventor as such in patent
- 37Consequences of secrecy directions
- 43Grant of patents
- 44Amendment of patent granted to deceased applicant
- 45Date of patent
- 46Form, extent and effect of patent
- 47Grant of patents to be subject to certain conditions
- 48Rights of patentees
- 49Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India
- 50Rights of co-owners of patents
- 51Power of Controller to give directions to co-owners
- 52Grant of patent to true and first inventor where it has been obtained by another in fraud of him
- 53Term of patent
- 54Patents of addition
- 55Term of patents of addition
- 56Validity of patents of addition
- 62Rights of patentees of lapsed patents which have been restored
- 63Surrender of patents
- 67Register of patents and particulars to be entered therein
- 68Assignments, etc., not to be valid unless in writing and duly executed
- 70Power of registered grantee or proprietor to deal with patent
- 83General principles applicable to working of patented inventions
- 97Provision relating to licences of right
- 99Meaning of use of invention for purposes of Government
- 100Power of Central Government to use inventions for purposes of Government
- 101Rights of third parties in respect of use of invention for purposes of Government
- 102Acquisition of inventions and patents by the Central Government
- 105Power of court to make declaration as to non-infringement
- 106Power of court to grant relief in cases of groundless threats of infringement proceedings
- 107ACertain acts not to be considered as infringement
- 108Reliefs in suits for infringement
- 109Right of exclusive licensee to take proceedings against infringement
- 111Restriction on power of court to grant damages or account of profits for infringement
- 113Certificate of validity of specification and costs of subsequent suits for infringement thereof
- 120Unauthorised claim of patent rights
- 154Loss or destruction of patents
- 156Patent to bind Government
- 157Right of Government to sell or use forfeited articles
- 162Repeal of Act 2 of 1911 in so far as it relates to patents and savings
- 37Numbering of applications on the grant of patent
- 39Omitted
- 41Omitted
- 44Omitted
- 47Omitted
- 51Omitted
- 63ARequest made under section 26(1)
- 66Form of making a request under section 28(2)
- 67Form of making a claim under section 28(3)
- 68Form of application to be made under section 28(7)
- 69Procedure for the hearing of a claim or an application under section 28
- 70Mention of inventor
- 70ACertificate of inventorship
- 74Form of patent
- 74AInspection of documents related to grant of patent
- 75Amendment of patent under section 44
- 76Manner of applying for direction under section 51(1)
- 77Manner of application under section 51(2)
- 79Request under section 52(2)
- 87Surrender of patents
- 88Register of patents under section 67
- 132Form of application for the issue of a duplicate patent
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