Subpart 6—Crown use of inventions

179 Crown use of inventions

(1)

Any government department, and any person authorised in writing by a government department, may exploit any invention for the services of the Crown at any time after the complete specification relating to an application for a patent for the invention has become open to public inspection.

(2)

The exploitation of an invention under subsection (1) is not an infringement,—

(a)

if the application for a patent is pending, of the nominated person’s rights in the invention; or

(b)

if a patent has been granted for the invention, of the patent.

(3)

Subsection (1)—

(a)

is subject to sections 186 to 188; but

(b)

applies despite any other provision of this Act.

(4)

For the purposes of this subpart,—

(a)

any use of an invention for the supply to the government of any country outside New Zealand of products required for the defence of that country must be treated as exploitation of the invention for the services of the Crown if that supply is made in accordance with any agreement or arrangement between the Government of New Zealand and the government of that country:

(b)

the power of a government department or a person authorised by a government department under this section to exploit an invention includes the power to sell to any person any products made in the exercise of the powers conferred by this section that are no longer required for the purpose for which they were made:

(c)

the power of a government department or a person authorised by a government department under this section to sell an invention does not, in the case of an application for a patent or a patent relating to an integrated circuit, extend to the sale of the invention to the public.

Compare: 1953 No 64 s 55(1), (2); Patents Act 1990 s 163 (Aust)