48. Rights of patentees
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 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 using that process, and from using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.
This section was substituted by the Patents (Amendment) Act, 2002, w.e.f. 20-5-2003, and its proviso was later omitted by the Patents (Amendment) Act, 2005, w.e.f. 1-1-2005.
