British Telecommunications Act 1981

6 U.K. Where, in the case of an invention, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 3, then—

(a) if and so far as the invention has, before the priority date of the relevant claim of the complete specification, been duly recorded by or tried by or on behalf of a government department otherwise than in consequence of the communication thereof, directly or indirectly, by the patentee or a person from whom he derives title, any use of the invention by virtue of paragraph 3 may be made free of any royalty or other payment to the patentee;

(b) if and so far as the invention has not been so recorded or tried as aforesaid, any use of the invention by virtue of paragraph 3 at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such communication as aforesaid, shall—

(i) except where an agreement as to terms for the use of the invention was made before 1st October 1969 under section 46(3) of the M1 Patents Act 1949 or before the appointed day under paragraph 5 of Schedule 10 to the 1969 Act, or a determination as to those terms was made by the court before that date under section 48 of the said Act of 1949 or before that date under paragraph 9 of the said Schedule, be made upon such terms as may be agreed upon, either before or after the use, between the Corporation and the patentee, or as may, in default of such an agreement, be determined by the court on a reference under paragraph 10;

(ii) in the said excepted case, be made upon the terms of the said agreement or determination.

Modifications etc. (not altering text)

C1 Sch. 5 paras. 3–22 modified by Telecommunications Act 1984 (c.12, SIF 96), s. 109, Sch. 6 paras. 1–14

Marginal Citations

M1 1949 c. 87.