Patents Act · 2023 Revised Edition · Part · Use of Patented Inventions for Services of Government
59. Rights of third parties in respect of Government use
Official textFrom Attorney General's Chambers, unchanged
In relation to —
anything done in accordance with section 58 by the
Government or any party authorised in writing by the Government;
or
anything done to the order of the Government —
for a public non-commercial purpose; or
for or during a national emergency or other circumstances of extreme urgency, by the proprietor of a patent in respect of the patented invention or by the proprietor of an application for a patent in respect of the invention for which the application has been filed and is still pending,
Patents the provisions of any licence, assignment or agreement to which this subsection applies shall, subject to sections 61, 62 and 63, be of no effect so far as those provisions restrict or regulate the working of the invention, or the use of any model, document or information relating to it, or provide for the making of payments in respect of, or calculated by reference to, such working or use.
The reproduction or publication of any model or document in connection with the said working or use shall not be deemed to be an infringement of any copyright or design right subsisting in the model or document.
right
“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
Subsection (1) applies to any licence, assignment or agreement which is made, whether before or after the date of commencement of this
Act, between (on the one hand) any person who is a proprietor of or an applicant for the patent, or anyone who derives title from any such person or from whom such person derives title, and (on the other hand) any person other than the Government.
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
patented invention
Defined · s 2“patented invention” means an invention for which a patent is granted and “patented process” shall be construed accordingly;
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
Part
Infringement of Patents
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
Part