Section 47 Indian Patents Act 1970

Section 47 of the Indian Patents Act 1970

Section 47 of the Indian Patents Act 1970 is about Grant of patents to be subject to certain conditions. It is under CHAPTER VIII of the Act. CHAPTER VIII is titled GRANT OF PATENTS AND RIGHTS CONFERRED THEREBY.

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.

See also  Section 39 Indian Patents Act 1970

See also:

Section 46 Indian Patents Act 1970 (Form, extent and effect of patent.)

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