Patent gets the exclusive right

Patent Right is a privilege granted by the States to the first inventor of any new manufacture or invention that he and his licensees have the sole right of making a vending such manufacture or invention. This branch of the law has been codified and the right of a person who is responsible for new invention is protected by the Patent and Designs Act  in English  Law. The patentee may use his rights himself or assign them or grant licenses. A licensee cannot sue for infringement.

The subject matter of a paten must be a new manufacture or art, for if there is no manufacture or art there is no subject matter, and, therefore, no invention. It is sufficient that the invention is new within the realm, so that no objection can be made that it was already known abroad or in colonies. The two features necessary to the valid of the patent are novelty and utility, but the real test is the novelty of the invention. Novelty is essential, for otherwise there will be no benefit given to the public and consequently no consideration moving from the patentee.

A person who makes or registered a patent gets the exclusive right to make use or sell the patented invention for a period of fourteen years. And any person, who whether with or without the knowledge of the existence of patent right infringes the same, may be restrained by injunction and if he knowingly infringes the patent, he may be liable also for damages. In issuing an injunction, the court has to see whether what is done takes from the patentee the substance of this invention – ‘the pitch and marrow