Answer ... Upon registration of a patent, the patent owner is granted the following rights:
- for a patent that claims a product, the exclusive right to prevent third parties from making, using, offering for sale, selling or importing for those purposes that product in India without authorisation; and
for a patent that claims a process, the exclusive right to prevent third parties from using that process, and from using, offering for sale, selling or importing for those purposes products obtained directly by that process in India without authorisation.
Answer ... Patent owners can enforce their rights by filing suit for infringement against a third party which, without authorisation:
- makes, uses, offers for sale or sells the product or imports the product in India for use, offer for sale or sale, where the subject matter of the patent is a product; or
uses the process, or offers for sale or sells products obtained directly by the process in India, or exports into India a product obtained directly by the process for offering for sale or sale.
Answer ... Patents in India are enforceable for a period of 20 years from the date of filing of the application, subject to the payment of renewal fees. For international applications filed under the Patent Cooperation Treaty designating India, this 20-year period is calculated from the international filing date accorded under the Patent Cooperation Treaty.