Rights of patentees
Section 48 of the Patents Act, 1970 deals with 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 The Act came into force on 01 Apr 1978.
1[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 the act of 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 the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.
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Section 48, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shogun Organics Ltd. v. Union of India
Court's Decision & Legal Precedent
Final Order order-1.pdf 2013-12-03 DATE VERIFIED. K.M. Joseph + A. Hariprasad JJ. DB (C.R.). WA 1782/2013. Isolate: Patents s.48 exclusive rights of a process patentee (D-trans allethrin / Transfluthrin) are enforced in patent proceedings, not as a veto at the Insecticides Board — s.9(4) “me too” registration does not require the registering authority to consider s.48 infringement or revocation. Leading HC DB. Distinctive (Shogun Organics). Do not pad 25/64/84/107A.
On this section: Patents Act s.48 exclusive rights of a process patentee are enforced in patent proceedings, not as a veto at the Insecticides Board on a s.9(4) me-too registration (Shogun Organics).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 48
What have the courts held on Section 48 of the Patents Act?
Shogun Organics Ltd. v. Union of India (03 Dec 2013) is the leading judgment on this section among those set out below: Patents Act s.48 exclusive rights of a process patentee are enforced in patent proceedings, not as a veto at the Insecticides Board on a s.9(4) me-too registration (Shogun Organics).
How do I find court cases under Section 48 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 48, section 48 Patents Act, section 48 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shogun Organics Ltd. v. Union of India (03 Dec 2013).
What should I read with Section 48 of the Patents Act, and has it changed?
Its own text turns on section 47 (Grant of patents to be subject to certain conditions), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 48 of the Patents Act come into force?
Section 48 of the Patents Act, commonly called patent infringement, and cited as Patents Act 48, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.