Section 48 of The Patents Act, 1970, PA : Section 48: Rights Of Patentees

Explanation using Example

Let's say Mr. A has patented a unique type of solar-powered charger in India under the Patents Act, 1970. This charger is a product of his invention. According to Section 48(a) of the Act, Mr. A has the exclusive right to prevent any third party from making, using, selling, or importing his solar-powered charger in India without his consent. If a company, say XYZ Ltd., starts manufacturing similar chargers without Mr. A's permission, Mr. A can take legal action against them for patent infringement.

Now, consider Mr. B who has patented a unique process for purifying water. According to Section 48(b) of the Act, Mr. B has the exclusive right to prevent any third party from using his patented process or from selling or importing any product that is directly obtained from this process, without his consent. So, if a water purification company starts using Mr. B's patented process to purify and sell water without his permission, Mr. B can take legal action against this company for patent infringement.