(c) any publications or patents mentioned in any report sent to the patentee by a governmental or
intergovernmental research or investigation institute.
(4) Where a declaration is made under subsection, (1) of this section(a) the patent in question shall be deemed to have been null and void since the date of its grant, so
however that it shall not be necessary to repay royalties paid by any licensee unless the court so
orders, and
(b) the proper officer of the court shall inform the Registrar, who shall register and notify the
declaration.
(5) The court(a) shall not make a declaration under subsection (1) of this section without first giving the patentee an
opportunity to be heard;
(b) in applying subsection (1) of this section, shall have regard only to the state of affairs existing when
the proceedings were instituted; and
(c) shall dismiss an application under subsection (1) of this section if the applicant (not being a public
officer) fails to satisfy the court that he has a material interest in making the application.
10. (1) Subject to this section, if a patentee (not being precluded by the terms of any previously registered licence
from granting a further licence) applies in writing to the Registrar for the words "licences of right" to be
registered in respect of his patent, the Registrar shall enter the words accordingly in the Register and notify the
entry.
(2) Where an entry is made under subsection (1) of this section in respect of a patent(a) any person shall have the right to obtain a licence to exploit the patent on such terms as, failing
agreement between that person and the patentee, shall be fixed by the court on the application of that
person; and
(b) the amount of the actual fees payable in respect of the patent shall be reduced by half, the reduction
first taking effect in relation to the annual fees first payable after the date of the entry
(3) A patentee may at any time apply to the Registrar for an entry under subsection (1) of this section to be
cancelled; and, if no licences have been granted under this section or all the grantees agree, the Registrar
shall thereupon cancel the entry and notify the cancellation, but only after payment of all annual or other
fees which would have been payable if the entry had never been made.
(4) The grantee of a licence under this section shall not be entitled to assign the licence or grant further
licences under it.
(5) Subsections (1)(b), (2)(a), (3) and (6) of section 23 of this Act shall apply in relation to licences granted
under this section as they apply to licences and contracts under section 23 of this Act.
11. The provisions of the First Schedule to this Act shall have effect in relation to compulsory licences and the
use of patents for the service of government agencies.