Section 47 – THE PATENTS ACT, 1970

Grant of patents to be subject to certain conditions

The grant of a patent under this Act
shall be subject to the condition that—
(1) any machine, apparatus or other article in respect of which the patent is granted or
any article made by using a process in respect of which the patent is granted, may
be imported or made by or on behalf of the Government for the purpose merely of
its own use;
(2) any process in respect of which the patent is granted may be used by or on behalf of
the Government for the purpose merely of its own use;
(3) any machine, apparatus or other article in respect of which the patent is granted or
any article made by the use of the process in respect of which the patent is granted,
may be made or used, and any process in respect of which the patent is granted
may be used, by any person, for the purpose merely of experiment or research
including the imparting of instructions to pupils; and
(4) in the case of a patent in respect of any medicine or drug, the medicine or drug may
be imported by the Government for the purpose merely of its own use or for
distribution in any dispensary, hospital or other medical institution maintained by or
on behalf of the Government or any other dispensary, hospital or other medical
institution which the Central Government may, having regard to the public service
that such dispensary, hospital or medical institution renders, specify in this behalf by
notification in the Official Gazette.

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