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 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.