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Patents Act, 1970 · Chapter VIII — Grant of Patents and Rights Conferred thereby

Section 48: Rights of patentees

In plain English

Section 48 sets out the rights a patent gives.

For a product patent, the patentee has the exclusive right to prevent others, without consent, from making, using, offering for sale, selling or importing that product in India.

For a process patent, the patentee can prevent others from using the process, and from using, offering for sale, selling or importing the product obtained directly by that process in India.

These rights are subject to the other provisions of the Act and the conditions in section 47.

This is a summary, not legal advice. The text of the Act below governs. Summary by , Co-founder and CEO, PatentAssist.ai.

Text of section 48

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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All sections of the Patents Act, 1970

Text of the Patents Act, 1970 as amended up to 2024, from the consolidated version published by the Office of the Controller General of Patents, Designs and Trade Marks (IP India). Reproduced under section 52(1)(q) of the Copyright Act, 1957. Check the official text before relying on it.