4
Use of patented inventions for the services of the Crown.
1949 c. 87, s. 46(1),
(2), (3), (4), (5) and (7).
See 1954 c. 32, 3rd Sch.
(1977 c. 37.
CAP. 42]
Registration of Patents
[1979 Ed.
7B. (1) (a) Notwithstanding anything in this Ordinance or any other law, the Government, and any person authorized in writing by the Governor, may use any patented invention for the services of the Crown in accordance with the following provisions of this section,
(b) An invention for which a patent has been granted or has taken effect in the United Kingdom shall, upon the issue of a certificate of registration of such patent under this Ordinance (but not any earlier) become a patented invention for the purposes of this section, and shall remain a patented invention only for so long as the patent remains in force in the United Kingdom, save that if a declaration is made under this Ordinance that the exclusive privileges and rights conferred by such certificate have not been acquired the invention shall not be or be regarded as having been a patented invention within the meaning of this section. (Amended, 25 of 1979, s. 9)
(2) If and so far as the patented invention has before its priority date been duly recorded by or tried by or on behalf of any department of Her Majesty's Government in the United Kingdom or the United Kingdom Atomic Energy Authority or the Government otherwise than in consequence of the communication thereof directly or indirectly by the person or persons entered as grantee or proprietor of the patent on the register of patents kept pursuant to the Patents Act 1977 or by any person from whom he derives title, any use of the invention by virtue of this section may be made free of any royalty or other payment to the person entitled under the relevant certificate of registration issued under this Ordinance to the privileges and rights conferred by such certificate. (Amended, 25 of 1979, s. 9)
(3) If and so far as the patented invention has not been so recorded or tried as aforesaid, any use of the invention made by virtue of this section at any time after the issue under this Ordinance of the certificate of registration of the patent granted for that invention, or in consequence of any such communication as aforesaid, shall be made upon such terms as may be agreed upon, either before or after the use, between the Government and the person entitled under the certificate of registration to the privileges and rights conferred thereby, or as may in default of agreement be determined by the court on a reference under section 7D.
(4) The authority of the Governor in respect of a patented invention may be given under this section either before or after the certificate of registration of the patent for the invention is issued and either before or after the acts in respect of which the authority is given are done, and may be given to any person whether or not he is authorized directly or indirectly by the person entitled under the certificate of registration to the privileges and rights conferred thereby to use the invention.