Patents Act 1990

An invention is exploited for Crown purposes if:

the invention is exploited for the services of a relevant authority; and

the exploitation is by:

the relevant authority; or

if a person is authorised, in writing, by the relevant authority for the purposes of this subparagraph—the person for the relevant authority.

A person may be authorised for the purposes of subparagraph (1)(b)(ii):

before or after a patent has been granted for the invention; and

even if the person is directly or indirectly authorised by the nominated person or patentee to exploit the invention.

Subject to section 168, an invention is taken to be exploited for the services of a relevant authority if the exploitation of the invention is necessary for the proper provision of those services within Australia.

Services of a relevant authority includes:

if the relevant authority is the Commonwealth—services that are:

primarily provided or funded by the Commonwealth; or

primarily provided or funded by the Commonwealth and one or more of the States or Territories; and

if the relevant authority is a State or Territory—services that are:

primarily provided or funded by the State or Territory; or

primarily provided or funded by the State or Territory and one or more of the other States or Territories or the Commonwealth.