Patents Act 1977

56Interpretation, etc., of provisions about Crown use

(1)Any reference in section 55 above to a patented invention, in relation to any time, is a reference to an invention for which a patent has before that time been, or is subsequently, granted.

(2)In this Act, except so far as the context otherwise requires, " the services of the Crown " includes—

(a)the supply of anything for foreign defence purposes;

(b)the production or supply of specified drugs and medicines; and

(c)such purposes relating to the production or use of atomic energy or research into matters connected therewith as the Secretary of State thinks necessary or expedient;

and " use for the services of the Crown " shall be construed accordingly.

(3)In section 55(1)(a) above and subsection (2)(a) above, references to a sale or supply of anything for foreign defence purposes are references to a sale or supply of the thing—

(a)to the government of any country outside the United Kingdom, in pursuance of an agreement or arrangement between Her Majesty's Government in the United Kingdom and the government of that country, where the thing is required for the defence of that country or of any other country whose government is party to any agreement or arrangement with Her Majesty's Government in respect of defence matters ; or

(b)to the United Nations, or to the government of any country belonging to that organisation, in pursuance of an agreement or arrangement between Her Majesty's Government and that organisation or government, where the thing is required for any armed forces operating in pursuance of a resolution of that organisation or any organ of that organisation.

(4)For the purposes of section 55(1)(a) and (c) above and subsection (2)(b) above, specified drugs and medicines are drugs and medicines which are both—

(a)required for the provision of pharmaceutical services, general medical services or general dental services, that is to say, services of those respective kinds under Part II of the [1977 c. 49.] National Health Service Act 1977, Part IV of the [1947 c. 27.] National Health Service (Scotland) Act 1947 or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man, and

(b)specified for the purposes of this subsection in regulations made by the Secretary of State.