413. Royalties.

413.     Royalties.

Royalties may be made payable on any basis and on any articles manufactured by a licensee under a patent1, whether within or without the patent2, and may continue to be payable whether or not the patent is valid3 and until such time as the licence is determined4. Money paid for royalties under a licence cannot be recovered on the ground that the patent was invalid, unless the licence so provides5. Where a licence is given under an application for a patent but no patent is granted, it would seem that money paid cannot be recovered,