Section 56: Interpretation, etc., of provisions about Crown use
Sections (56.01 - 56.04) last updated: April 2020.
56.01
This is the second of the group of sections relating to Crown use of patented inventions. It concerns the interpretation of certain terms used in the provisions of the Act relevant to Crown use, especially s.55. With regard to ss.55 to 59 in general, see 55.01-03.
| Section 56(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. |
56.02
In including an invention for which a patent is yet to be granted, the meaning of “patented invention” in s.55 is an exception to the definition in s.130(1). See also 55.03.
| Section 56(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. |
56.03
s.130(1) is also relevant
Except so far as the context otherwise requires, “services of the Crown” and “use for the services of the Crown” in the Act have the meanings assigned to them by s.56(2) including, as respects any period of emergency within the meaning of s.59, the meanings assigned to them by s.59. The services of the Crown thus includes inter alia those things listed in s.56(2)(a) to (c), subsections (2)(a) and (b) being interpreted in accordance with subsections (3) and (4) respectively.
In IPCom GmbH v Vodafone [2020] EWHC 132 (Pat), the court held that the list of activities in s.56(2) is not exhaustive.
| Section 56(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 His 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 His 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 His 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. |
| Section 56(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 (ai) primary medical services under part 1 of the National Health Service Act 1977, part I of the National Health Service (Scotland) Act 1978 or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man or primary dental services under part 1 of the National Health Service Act 1977, or any corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or (i) pharmaceutical services, general medical services or general dental services under Part II of the National Health Service Act 1977 (in the case of pharmaceutical services), Part II of the National Health Service (Scotland) Act 1978 (in the case of pharmaceutical services or general dental services), or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or (ii) personal medical services or personal dental services provided in accordance with arrangements made under section 17C of the 1978 Act (in the case of personal dental services), or the corresponding provisions of the law in force in Northern Ireland or the Isle of Man, or (iii) local pharmaceutical services provided under a pilot scheme established under section 28 of the Health and Social Care Act 2001 or an LPS scheme established under Schedule 8A to the National Health Service Act 1977, or under any corresponding provision of the law in force in the Isle of Man, and (b) specified for the purposes of this subsection in regulations made by the Secretary of State. |
56.04
Paragraph (4)(a) was last amended by the Health and Social Care (Community Health and Standards) Act 2003, which inserted subparagraph (4)(a)(ai) and made consequential amendments to subparagraphs (4)(a)(i) and (ii). This came into force in relation to primary medical service in England and Wales on 1 April 2004 (The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004 SI 2004 No. 288 and The Health and Social Care (Community Health and Standards ) Act 2003 Commencement (No.1) (Wales) Order 2004 SI 2004 No. 480). The reference in subparagraph 4(a)(ai) to the National Health Service (Scotland) Act 1978, and the consequential amendments to subparagraphs 4(a)(i) and (ii) were made by the Primary Medical Services (Scotland) Act 2004 (Consequential Modifications) Order (SI 2004 No. 957), which also came into force on 1 April 2004. Subparagraph (4)(a)(ai) came into force for primary dental services in England on 1 January 2006 (The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 8) Order 2005 SI 2005 No. 2925) and in Wales on 15 February 2006 (The Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 8) Order 2005 SI 2006 No. 345). Subparagraph (4)(a)(iii) was inserted by the Health and Social Care Act 2001, and came into force in Wales on 1 July 2002 (The Health and Social Care Act 2001 (Commencement No. 2) (Wales) Order 2002 SI 2002 No. 1475), and in England on 1 January 2003 (The Health and Social Care Act 2001 (Commencement No. 11) (England) Order 2002 SI 2003 No. 53).