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Section 48: Rights of patentees.

The Patents Act, 1970Central Act · Act 39 of 1970

[48. Rights of patentees.--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.

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Where this provision sits

ActThe Patents Act, 1970
Section48
Marginal noteRights of patentees.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

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

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