Section 48 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 48 says what a patent actually gives its owner. A product patent gives the exclusive right to prevent third parties, who do not have the patentee's consent, from making, using, offering for sale, selling or importing the product in India. A process patent gives the exclusive right to prevent them from using the process, and from using, offering for sale, selling or importing the product obtained directly by that process. The rights are subject to the rest of the Act and to the four conditions in section 47. Before you build a product around, or against, a patent, a legal consultation can help read these words against the claims.
A patent confers the exclusive right to prevent third parties, who do not have the patentee's consent, from: for a product, making, using, offering for sale, selling or importing it in India; for a process, using the process and using, offering for sale, selling or importing the product obtained directly by it in India. The rights are subject to the other provisions of the Act and to section 47.
The text
"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."
Section 48 was substituted by the Patents (Amendment) Act, 2002 (with effect from 20-5-2003). A proviso that followed the section was omitted by the 2005 Amendment Act (with effect from 1-1-2005); the printed text now shows it only as a row of asterisks.
Who holds the rights
The rights are conferred "upon the patentee". The patentee is "the person for the time being entered on the register as the grantee or proprietor of the patent" (section 2(1)(p)). See our article on section 2 definitions (Part 2). Where a patent is held by joint owners, section 50 deals with their respective rights, covered later in this series.
What the right is
The right is "the exclusive right to prevent". It is a right to stop others; section 48 does not say that the patentee is himself at liberty to work the invention regardless of other laws or other people's patents. The right is exercised against "third parties, who do not have his consent". So the patentee's consent, for example under a licence, takes an act outside the right. Our posts on patent licence agreements and assignment versus licence show how consent is given in practice.
Clause (a): product patents
Where the subject matter is a product, the patentee can prevent third parties without consent from:
| Act | Text |
|---|---|
| Making | "making" |
| Using | "using" |
| Offering for sale | "offering for sale" |
| Selling | "selling" |
| Importing | "importing for those purposes" |
The words "for those purposes" attached to importing tie the import to the earlier acts: importing the product for making, using, offering for sale or selling. The words "that product in India" place all of these acts in India.
Clause (b): process patents
Where the subject matter is a process, the patentee can prevent third parties without consent from:
- using that process; and
- using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.
Note the phrase "obtained directly". The right in a process patent reaches the product only if it is the product obtained directly by the patented process. The Act does not define "directly", and we do not add a gloss to it.
Comparison.
| Product patent (a) | Process patent (b) | |
|---|---|---|
| Making the product | Yes | Not listed as such |
| Using the process | Not applicable | Yes |
| Using, offering for sale, selling, importing the product | Yes | Yes, if the product is obtained directly by the process |
| Territory | India | India |
Example. Kalpana Pharma Pvt Ltd (fictional) holds a patent on a new herbal extract (a product) and another on the method of extracting it (a process). Under clause (a) on the product patent, it can prevent unlicensed makers from making, using, offering for sale, selling or importing the extract for those purposes in India. Under clause (b) on the process patent, it can prevent unlicensed persons from using the extraction method in India, and from using, offering for sale, selling or importing the extract obtained directly by that method. A rival who obtains the same extract by a different method is outside clause (b) on the text, though the product patent in clause (a) may still reach it.
What qualifies the rights
The section opens "Subject to the other provisions contained in this Act and the conditions specified in section 47". Two layers of qualification follow.
Section 47 conditions. The grant is subject to four conditions: Government own use, Government use of processes, use for experiment or research including teaching, and Government import of medicines. See our article on section 47.
Other provisions of the Act. The words "the other provisions contained in this Act" bring in the rest of the statute. For instance, the Act contains provisions on compulsory licences (section 84, with its own post, compulsory licensing of patents), Government use (sections 99 to 103), and defences and exceptions in the infringement chapter. We do not describe those provisions here.
Timing. The rights arise from grant. From publication to grant, section 11A(7) gives the applicant the like rights as if the patent had been granted, but no infringement proceedings can be started until the patent is granted. Section 45(3) bars proceedings for infringement committed before the date of publication of the application. See our articles on section 11A and on sections 44 and 45.
What section 48 does not say
- It does not say how infringement is proved or what remedies follow; those are in the infringement chapter, covered later in this series. See our post on what constitutes patent infringement and how to sue.
- It does not define "making", "using", "offering for sale", "selling" or "importing", or "directly".
- It does not give the term of the patent; section 53 does.
- It does not give a right to work the invention regardless of other laws, such as health or safety regulations. The section speaks only of a right to prevent third parties.
- It does not extend beyond India: each act must be "in India".
- It does not mention exports.
Need help with ...?
Whether a particular activity falls within these rights turns on the claims of the patent and the facts of the product or process. Our team can help you read the claims against the section in a legal consultation.
Key takeaways
- A product patent gives the exclusive right to prevent third parties without consent from making, using, offering for sale, selling or importing the product in India.
- A process patent gives the exclusive right to prevent them from using the process and from using, offering for sale, selling or importing the product obtained directly by it in India.
- The rights are exercised against third parties who do not have the patentee's consent.
- They are subject to the other provisions of the Act and to the conditions in section 47.
- The acts must be in India.
Read next
- Section 49: patent rights not infringed on foreign vessels
- Section 47: conditions of grant
- Section 50 to 52: co-owners and fraud on the true inventor
- Rights of patentee: what a patent protects
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.