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Patents Act 1977

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This is the original version (as it was originally enacted).

2(1)Any question whether—

(a)an act done before the appointed day by a government department or a person authorised in writing by a government department amounts to the use of an invention for the services of the Crown ; or

(b)any payment falls to be made in respect of any such use (whether to a person entitled to apply for a patent for the invention, to the patentee or to an exclusive licensee) ;

shall be determined under sections 46 to 49 of that Act and those sections shall apply accordingly.

(2)Sections 55 to 59 above shall apply to an act so done on or after the appointed day in relation to an invention—

(a)for which an existing patent has been granted or an existing application for a patent has been made ; or

(b)which was communicated before that day to a government department or any person authorised in writing by a government department by the proprietor of the patent or any person from whom he derives title ;

and shall so apply subject to sub-paragraph (3) below, the modifications contained in paragraph 2 of Schedule 2 above and the further modification that sections 55(5)(b) and 58(10) above shall not apply in relation to an existing application.

(3)Where an act is commenced before the appointed day and continues to be done on or after that day, then, if it would not amount to the use of an invention for the services of the Crown under the 1949 Act, its continuance on or after that day shall not amount to such use under this Act.

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