Section 47 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Every patent granted under the Act carries four built-in conditions. Section 47 says that the grant is subject to the conditions that the Government may import or make a patented article, or use a patented process, for its own use; that anyone may make or use the invention merely for experiment or research, including teaching pupils; and that the Government may import a patented medicine for its own use or for distribution in Government and specified medical institutions. These are conditions of the grant itself, and they colour what a patentee can enforce under section 48. A legal consultation can help you see how they bear on a particular product.
The grant of a patent is subject to the condition that: (1) the Government may import or make a patented machine, apparatus or article (or one made by a patented process) merely for its own use; (2) the Government may use a patented process merely for its own use; (3) any person may make or use the invention merely for experiment or research, including imparting instructions to pupils; and (4) for medicines and drugs, the Government may import them for its own use or for distribution in Government and specified medical institutions.
The four conditions side by side
The section opens: "The grant of a patent under this Act shall be subject to the condition that—" and then lists four numbered conditions.
| Condition | Who may act | What they may do | Purpose limit |
|---|---|---|---|
| (1) | The Government, or someone on its behalf | Import or make a patented machine, apparatus or article, or an article made by a patented process | "merely of its own use" |
| (2) | The Government, or someone on its behalf | Use a patented process | "merely of its own use" |
| (3) | Any person | Make or use the patented article, or use the patented process | "merely of experiment or research including the imparting of instructions to pupils" |
| (4) | The Government | Import a patented medicine or drug | "merely of its own use or for distribution" in Government medical institutions or those notified by the Central Government |
Conditions (1) and (2): Government own use
Condition (1) covers articles: "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". These may be "imported or made by or on behalf of the Government". Condition (2) covers a patented process, which "may be used by or on behalf of the Government".
Both carry the same limit: "for the purpose merely of its own use". The word "merely" confines the condition to the Government's own use. It does not extend to resale or supply to the public. The words "by or on behalf of" mean a contractor working for the Government can fall within the condition, though the text does not define the limits of "on behalf of".
These conditions sit alongside the separate Government use provisions in sections 99 to 103, which deal with use of inventions for the purposes of Government. Sections 100 to 102 already have a post on our site: government use of patents. Section 47 is a condition of the grant; sections 99 onwards set out a further scheme. We do not compare their operation here beyond saying that both exist.
Condition (3): experiment and research
The article, or an article made by the patented process, "may be made or used", and the process "may be used", "by any person, for the purpose merely of experiment or research including the imparting of instructions to pupils".
- Who: "any person", not only the Government.
- What: to make or use a patented article or an article made by the patented process, and to use a patented process.
- Purpose: "merely of experiment or research including the imparting of instructions to pupils".
The words "including the imparting of instructions to pupils" bring teaching within the condition. The word "merely" again limits the purpose: use for commercial production or sale is not covered by this condition. The Act does not define "experiment" or "research", and does not say whether research with a commercial aim is covered; we do not add to the text.
Example. Prism Labs, a fictional research institute, buys a patented chemical sensor and takes it apart in its laboratory to study how it works. A university lecturer uses a patented testing apparatus to teach a class of students how it operates. On the text of condition (3), making or using the invention merely for experiment or research, including teaching pupils, is a condition the grant carries. If the institute began selling copies of the sensor, the purpose would no longer be "merely" experiment or research.
Condition (4): medicines and drugs
In the case of a patent for "any medicine or drug", it "may be imported by the Government for the purpose merely of its own use or for distribution" in the listed institutions.
Elements:
- Who: the Government.
- What: import of a patented medicine or drug.
- Purpose: its own use, or distribution in (i) any dispensary, hospital or medical institution maintained by or on behalf of the Government, or (ii) any other such institution that the Central Government has specified by notification in the Official Gazette, having regard to the public service it renders.
- Limit: the condition covers import by the Government, not manufacture. The text does not say that the Government may make a patented medicine under this condition.
For how the Act treats medicines and drugs more generally, see our post on chemical and pharma inventions.
How section 47 fits with section 48
Section 48 opens with the words: "Subject to the other provisions contained in this Act and the conditions specified in section 47, a patent granted under this Act shall confer upon the patentee ...". So the exclusive rights described in section 48 are expressly subject to these four conditions. See our article on section 48. In effect, the patentee's right to prevent others from making, using, selling or importing does not reach the acts permitted by section 47.
What section 47 does not say
- It does not say whether the Government must pay anything for use under conditions (1), (2) or (4); on its words, these are conditions of the grant, and the text is silent on payment. Sections 99 and following deal with Government use separately.
- It does not define "experiment", "research" or "its own use", and does not name the notified institutions under condition (4).
Need help with ...?
If you are a researcher, a teaching institution, a Government supplier or a patentee, it helps to know exactly what these conditions allow before a product is developed or a notice is sent. Our team can discuss the position in a legal consultation.
Key takeaways
- Every grant is subject to four conditions in section 47.
- The Government (or someone on its behalf) may import or make patented articles, or use patented processes, merely for its own use.
- Any person may make or use the invention merely for experiment or research, including imparting instructions to pupils.
- The Government may import patented medicines for its own use or for distribution in Government and notified medical institutions.
- The patentee's rights under section 48 are subject to these conditions.
Read next
- Section 48: rights of patentees
- Section 46: form, extent and effect of patent
- Government use of patents: sections 100 to 102
- Rights of patentee: what a patent protects
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.