Legal Definitions - authorization clause

An authorization clause is a provision in the Patent Act that states that if a person uses or manufactures something that is protected by a valid U.S. patent, acts on behalf of the U.S. government, and acts with the government's authorization or consent, the U.S. government, not the person, is considered the infringing user or manufacturer.

For example, if a government contractor or subcontractor working for the U.S. government uses or manufactures something that is protected by a valid U.S. patent, and the act is covered by the authorization or consent clause, the patent owner's only recourse is to sue the U.S. government in the U.S. Claims Court for compensation.

The authorization or consent clause is found in the second paragraph of 28 USCA § 1498(a).