101. Rights of third parties in respect of use of invention for purposes of Government
(1) Where a patented invention (or one pending application) is used for Government purposes, the terms of any licence, assignment or agreement between the patentee and a person other than the Government have no effect insofar as they restrict or regulate such Government use, or provide for payments in respect of it; reproduction of any model or document for such use is not copyright infringement.
(2) Where the patent was assigned to the patentee in consideration of royalties tied to use, and the patentee uses the invention for Government purposes on the Government’s order, section 100(3) applies as if the Government had authorised the use; sums payable are divided between patentee and assignor as agreed, or as determined by the High Court under section 103.
(3) Where payments are due under section 100(3) and there is an exclusive licensee authorised to use the invention for Government purposes, the sum is shared between patentee and licensee as agreed, or as the High Court determines to be just, having regard to expenditure the licensee incurred in developing the invention or in payments to the patentee for the licence.
