Research Exemption Under Patent Laws In India And USA

Whenever a patent is granted, patentee gets a right to prevent third parties from doing certain activities without the permission of the Patent Owner. Exercising any of the rights without permission of the Patentee constitutes the infringement and infringer is liable to be prosecuted in the court of law. However, rights granted to the Patentee are not the absolute rights and Patent Act provides for some exceptions. Section 48 and Section 107A of the Indian Patent Act, 1970 have been reproduced below which respectively provide for rights of the Patentees and certain activities that do not constitute infringement.

Section 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—