The authorization clause, also known as the consent clause, is a provision in the Patent Act (specifically in the second paragraph of 28 USCA § 1498(a)) that states if someone uses or manufactures something protected by a U.S. patent on behalf of the U.S. government with the government’s permission, the U.S. government is held responsible for any patent law infringement, rather than the individual who performed the action. In cases where a government contractor or subcontractor violates a patent law covered by the authorization clause, the patent owner can only seek compensation by suing the U.S. in the U.S. Claims Court.
The authorization clause in the Patent Act states that if someone uses or manufactures something protected by a valid U.S. patent, acts on behalf of the U.S. government, and does so with the government’s authorization or consent, the U.S. government is considered the infringing user or manufacturer, not the individual. For instance, if a government contractor or subcontractor working for the U.S. government uses or manufactures something protected by a valid U.S. patent and falls under the authorization or consent clause, the patent owner can only sue the U.S. government in the U.S. Claims Court for compensation. This clause can be found in the second paragraph of 28 USCA § 1498(a).
An authorization clause is a provision in a legal document that grants someone the authority to act on behalf of another person or entity.
An authorization clause is important because it clearly defines the scope of authority granted to someone acting on behalf of another party. It helps prevent misunderstandings and disputes regarding the extent of their powers.
Authorization can be granted by an individual, a company, or any legal entity that has the capacity to enter into contracts or make decisions.
Yes, an authorization clause can be revoked at any time by the party who granted the authority. However, the revocation should be communicated clearly and in accordance with any specific requirements mentioned in the authorization clause.
Yes, an authorization clause can be limited in scope. The party granting the authority can specify the specific actions or decisions that the authorized person can undertake on their behalf.
Yes, an authorization clause can be challenged in court if there are allegations of fraud, coercion, or if the authorized person exceeds the scope of their authority. The court will evaluate the evidence and determine the validity of the authorization clause.
Yes, an authorization clause can be included in various legal documents such as contracts, power of attorney documents, wills, and corporate bylaws, among others.
In most cases, an authorization clause cannot be transferred to another person without the explicit consent of the party who granted the authority. However, there may be specific circumstances or legal provisions that allow for the transfer of authority.
Yes, an authorization clause can be modified if both parties agree to the changes. It is important to document any modifications in writing and ensure that all parties involved are aware of the revised terms.
Yes, an authorization clause is legally binding as long as it meets the requirements of a valid contract, such as mutual consent, consideration, and legal capacity. It is advisable to consult with a legal professional to ensure that the authorization clause is enforceable and complies with applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/authorization-clause/
- Modern Language Association (MLA):Authorization Clause. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/authorization-clause/.
- Chicago Manual of Style (CMS):Authorization Clause. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/authorization-clause/ (accessed: May 09 2024).
- American Psychological Association (APA):Authorization Clause. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/authorization-clause/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts