PATENT RIGHTS

INTELLECTUAL PROPERTY RIGHTS | PATENT RIGHTS       Intellectual Property Rights, Patent Rights is an exclusive right to prevent third parties from making, using, offering for sale, selling or importing the products in India . Patent Rights is to prevent the third parties who do not have the right of using the process, offering the sale, selling or importing the product in India .   When an invention is registered in foreign country or is owned by a person who is residing in a foreign country, such invention's patent rights when comes to India either temporarily or accidentally cannot be infringed by the use of the invention.   When a patent is granted to two or more person, then both the persons are entitled to an equal undivided share in the patent. Patent rights to both the patentee will be granted only if an agreement is made specific. Unless an agreement is not made, the share will not be benefited by the other person or persons. The license of the patent shall not be granted without the due permission of the other person.   A patent is a kind of Intellectual Property Right. It allows rights including exclusive manufacturing and marketing rights pertaining to the object or process with a view to rewarding the invention.   The government mandates patent rights for the inventor of the product or process. Since a Patent Right is trade-related, the relevant norms under the TRIPs agreement of the World Trade Organization should apply to patent systems of WTO member countries. Being a member of the WTO, India is mandated to make its patent related law and other trade related law in conformity with the TRIPs norms.   A Patent Right is defined as a patent of exclusive right granted by a state and an inventor or is assignee for a fixed time in exchange for a disclosure of an invention is termed as patent right

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