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What are the Rights of Patentee as per the Patent Act, 1970? A grant of Patent in India gives the Patentee the exclusive model to utilize or make the patented invention or utilize the patented procedure related to the invention.
A licensing agreement allows one party (the licensee) to use and/or earn revenue from the property of the owner (the licensor). Licensing agreements generate revenues, called royalties, earned by a company for allowing its copyrighted or patented material to be used by another company.
Practitioners and licensing executives often refer to three basic types of voluntary licenses: non-exclusive, sole, and exclusive. A non-exclusive licence allows the licensor to retain the right to use the licensed property and the right to grant additional licenses to third parties.
In India, the patent holder is provided with the right to manufacture, use, sell and distribute the patented product. In case the invention is a process of production, the owner of the patent has the right to direct the procedure to the other person who has been authorised by the patentee.
The current term of protection for design patents is fourteen years from the date of filing. See 35 U.S.C. § 173. A long-established doctrine of patent law, the exhaustion doctrine, entitles a patentee to a single royalty per patented device.
In short, a patent license agreement is a legal contract created to define the terms under which a licensee may create, sell, and use a patented invention from a licensor (or patent owner). This agreement also spells out how royalties will be paid to the licensor/patent owner.
Not only is it possible to license a pending patent application, but it is actually a preferred way of obtaining value from you invention before the patent application issues, if it issues at all.
Patent Rights means all patents, patent applications, utility models, design registrations and certificates of invention and other governmental grants for the protection of inventions or industrial designs (including all related continuations, continuations-in-part, divisionals, reissues and reexaminations).
Ownership of a patent gives the patent owner the right to exclude others from making, using, offering for sale, selling, or importing into the United States the invention claimed in the patent.
Patent applications must satisfy the following three criteria:Novelty. This means that your invention must not have been made public not even by yourself before the date of the application.Inventive step. This means that your product or process must be an inventive solution.Industrial applicability.