The patentee has the exclusive right to prevent unauthorized third parties from making, using, offering for sale, selling or importing the patented product in India.
If the patent has been granted for a process then the patentee has the exclusive right to prevent unauthorized parties from using, offering for sale, selling or importing the patented product.
Patent is a statutory right granted by the respective governments. It gives one the exclusive rights and bars others from making, using, selling and importing product or process, based on the patented invention without one’s prior permission.
For an invention to be patentable, the criteria of patentability are as follows:
I. It should be novel: invention should not have been published or used anywhere in the world before the date of filing the patent application in the patent office.
II. Must involve an inventive step: a feature of invention should involve a technical advancement as compared to existing knowledge or having economic significance or both
III. Capable of industrial application: invention is capable of being made or used in an industry
IV. It should not fall under the categories of inventions that are excluded from patentability under the concerned jurisdiction.