Patent is one of the most vital kinds of intellectual property (IP). It is a hard and fast of distinct rights granted through the government to an inventor or its assignee for a limited period of time in exchange for a public disclosure of the invention. The term of a patent is normally 20 years from the date of priority, meaning that the patent holder has right to save you all third parties from making, the use of promoting, offering for sale or even uploading the patented product or the product made through the use of patented method inside the jurisdiction, where there's patent protection. A patent is granted to a new product or process that is creative and has business utility and the difficulty remember does no longer fall under class of non-patentable innovations. Rights of a Patent holder or Patentee, according to Section 48 of the Patents Act, 1970 are as below:

1. Wherein the situation rely of the patent is a product, the patentee has extraordinary proper to prevent third parties, with-out his consent, From acts of:
   1. Making;
   2. The use of;
   3. Supplying for sale;
   4. Selling; or
   5. Uploading that product to India for the abovementioned functions.
2. In which the situation count of the patent is a method or approach, the patentee has exceptional right to save you third events, who do not have his consent, from the act of: a. the use of that process; b. supplying for sale; c. promoting; or d. importing a product acquired at once by using that technique to India for the abovementioned functions. Violation of any of those rights is called as “patent infringement”. as referred to before, where the challenge be counted of the patent is a product, infringement takes place when someone makes, makes use of, offers for sale, sells or imports the patented product in India without the consent of patentee and where the subject matter of the patent is a process, the infringement takes vicinity while someone uses that procedure, gives for sale, sells or imports the product received at once by that manner to India.

Therefore, it's far obvious that patent does no longer give any high quality rights however a fixed of terrible rights to the patentee over his invention. Whether or not a patentee is loose to use his own invention may be limited by means of rules, guidelines or by the existence of other patents in a selected jurisdiction. Patentee has no right to make, use, promote or import the product, for which he has a patent however has extraordinary right to save from third parties from making, using, promoting, providing for sale and importing the patented products, if the patented invention pertains to that product. In easier phrases, patent does now not give the patent holder rights to promote, make or use something. It handiest offers him or her rights to prevent others from infringing upon the granted rights. However, if the patent is for a process, patentee has special right to prevent third parties to make, use, sell, provide for sale or import any product made the usage of the patented process, meaning that the patentee can best prevent third parties from the usage of or exploiting the discovery, even if such third party develops the identical invention independently.