Patents [CAP.400 43 (2) No order shall be made in pursuance of any application under section thirty-seven which would be at variance with the provisions of the Convention. 40. (I) Notwithstanding anything in this Act, any Government department or any person 'authorised in writing by the Minister may make, use or exercise any invention disclosed in any specification lodged at the Patent Office for the service of the State in accordance with the provisions of this section. (2) If and so far as the invention has, before the effective date of the relevant claim of the completed specification, been duly recorded by or tried by' or on behalf of a Government department or a person authorised in terms of subsection (1), otherwise than in consequence of the communication thereof directly or indirectly by the patentee or any person from whom he derives title, any use of the invention by virtue of this, section may be made by such Government department or person free of any royalty or other pay­ ment to the patentee. 1 (3) If and so far as the invention has not been so recorded or tried as aforesaid, any use of the invention made by virtue of this section at any time after the acceptance of the complete specification in respect of the patent, or in consequence of any such communication as aforesaid, shall be made upon such tenus as may be agreed upon, either before or after the use, between the Minister and the patentee with the approval of the Minister responsible for finance, or as may in default of agreement be determined by the High Court on a refer­ ence under subsection (I) of section forty-two. (4) The authority of the Minister in respect of an invention may be given under this 'section either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done, and may be given to any person, whether or not he is authorised directly or indirectly by the patentee to make, use, exer­ cise or vend the invention. (5) Where any use ofan invention is made by or with the author­ ity of the Minister under this section, then, unless it appears to him that it would be contrary to the public interest so to do, the Minister shall notify the patentee as soon as practicable after the use is begun, and furnish him with such information as to the extent of the use as he may from time to time require. (6) For the purposes of this section, section forty-one and section forty-two, any use of an invention for the supply to the government of any country outside Zambia, in pursuance of any agreement or arrangement between the Government and the government of that country, of articles required for the defence of that country shall be deemed to be a use of the invention for the services of the State, and the power of a Government department or a person authorised by the Use of patented inventions for services of the State