authorization clause
authorization clause. Patents. A Patent Act provision directing that if a person uses or manufactures something protected by a valid U.S. patent, acts on behalf of the U.S. government, and acts with the government’s authori-zation or consent, the U.S., not the person, is deemed the infringing user or manufacturer. • If an infringing act is done by a government contractor or subcontractor working for the U.S. and the act is covered by the authorization or consent clause, the patent owner’s only recourse is a suit against the U.S. in the U.S. Claims Court for com-pensation. The authorization or consent clause is in the second paragraph of 28 USCA § 1498(a). — Also termed consent clause. [Cases: United States 97. C.J.S. United States §§ 184–186.]
