September 12, 2026

Section 47 – Patents Act, 1970

47. 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, or any article made using a patented process, may be imported or made by or on behalf of the Government for the purpose merely of its own use;
  • (2) any patented process may be used by or on behalf of the Government for the purpose merely of its own use;
  • (3) any machine, apparatus, article or process may be made, used or worked by any person for the purpose merely of experiment or research, including imparting instructions to pupils; and
  • (4) in the case of a patent for any medicine or drug, it may be imported by the Government for 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 such institution which the Central Government may, by notification, specify having regard to the public service it renders.