Atul was granted a patent for a new water purification apparatus. Later, he discovered that a university laboratory had been manufacturing and using the apparatus for research purposes without his consent. Explain the co
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
Atul was granted a patent for a new water purification apparatus. Later, he discovered that a university laboratory had been manufacturing and using the apparatus for research purposes without his consent. Explain the conditions under which a patent is granted as specified in Section 47 of the Patents Act, 1970, and discuss whether the actions of the university laboratory are permissible.
Answer & Explanation:
Section 47 of the Patent Act, 1970, dealing with grant of patents subject to conditions provides that the grant of a patent shall be subject to the conditions 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. In the present case, the university laboratory used the patented water purification apparatus solely for research purposes, which falls under the exception provided in Section 47(3). Therefore, the actions of the university laboratory are legally permissible and do not constitute patent infringement.
Topics: Patents Act, 1970
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