Section 47 Conditions

1Section 47 states that the grant of a patent under the Patents Act is subject to certain conditions contained therein. Any process or product which is the subject matter of a patent may be imported or made by the government for its own use. (Patents Act 1970, s 47(1).) The government may also use any process which is a subject matter of a patent for its own use.

2In Chemtura Corporation v Union of India (2009) (paras 51 and 52) the Delhi High Court held that “the right under Section 48 is a qualified right” and that the condition in section 47 “is an implied condition of the grant of patent.” In Garware Wall Ropes v A.I. Chopra (2008) (para 18) the Bombay High Court held that “careful reading of Section 47 of the Act shows that these rights are not curtailed in entirety even in respect of Government.”

3Any person may make or use any patented product or a product made by a patented process or use a patented process for the purpose of experiment or research. Imparting instructions to pupils is expressly covered under the sub-section. (Ibid, s 47(3).)

4In the case of a patent in respect of any medicine or drug, the patent is granted subject to the condition that the government may import such medicine or drug 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 dispensary, hospital or other medical institution which the Central Government, having regard to the public service rendered by such institution, may specify in the Official Gazette.