Section 47 of The Patents Act, 1970, PA : Section 47: Grant Of Patents To Be Subject To Certain Conditions

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 47 of The Patents Act, 1970.

Suppose an inventor, Mr. X, patents a new medical device that can significantly improve the treatment of a particular disease. Now, according to Section 47:

1. The Government, for its own use, can import or manufacture this patented medical device without infringing Mr. X's patent rights. For instance, the Government might need to use this device in a government hospital.
2. The Government can also use the process of making this device for its own use. For example, a government laboratory might reproduce the device for research purposes.
3. Any person can make or use this device, or use the process of making it, for the purpose of experiment or research. For instance, a university can use this device in their laboratory for teaching or research purposes without infringing the patent.
4. If Mr. X's invention was a medicine or drug, the Government could import it for its own use or for distribution in any government hospital or any other specified medical institution. For example, the Government might import this drug to distribute it in a government hospital during an epidemic.