SCHEDULE 4 Transitional Provisions

SCHEDULE 4 Transitional Provisions

Section 127

General

1

In so far as any instrument made or other thing done under any provision of the 1949 Act which is repealed by virtue of this Act could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeals made by virtue of this Act but shall have effect as if made or done under that corresponding provision.

Use of patented invention for services of the Crown

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)

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