Use of patented inventions
for the
services of
the Crown.
12, 13 and 14 Gro. & c. 17.
20, 10, 11
and Ci
See 2 and 1
DE. 1. c. 32. 3rd Sch
2
7B. (1) (2) 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. (6) An invention for which a patent has been granted 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 inven- tion shall not be or be regarded as having been a patented invention within the meaning of this section
(2) If and so far as the patented invention bas before the priority date in the United Kingdom of the relevant claim of the complete specification 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 02.13 14 the Patent Act 1949 or by any person from whom Geo. 6. * 970 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 certi- fcstc. In this subsection the expression "priority date" has the meaning assigned to it in section 5 of the aforesaid Act.
(3) If and so far as the patented invention bas 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 communica-
Right of third parties in respect of Crown use. 12, 13 and 14 03. 6. 2. 7, B. 47,
(24 at 1968.)
tion 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 agree- ment 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 registra- tion to the privileges and rights conferred thereby to use the invention.
(5) Where any use of a patented invention is made by the Government, or by any person with the authority of the Governor, under this section, then, unless it appears to the Governor that it would be con- trary to the public interest so to do, the Colonial Secretary shall notify the holder of the certificate of registration issued under this Ordinance as soon as is practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require.
7C. (1) In relation to any use of a patented invention, within the meaning of paragraph (5) of sub. section (1) of section 7B, made for the services of the Crown-
(a) by the Government, or by a person authorized by the Governor under section 7B; or
(b) by the person entitled under the certificate of registration to the privileges and rights conferred thereby, to the order of the Govern- ment,
the provisions of any licence, assignment or agreement made, whether before or after the commencement of the Registration of United Kingdom Patents (Amend- ment) Ordinance 1968, between the person entitled under the certificate of registration to the privileges and rights conferred thereby, or any person who derives title from him or from whom he derives title, and any person other than the Government shall be