HC Deb 29 November 1888 vol 331 cc583-6

Bill considered in Committee.

(In the Committee.)

Clause 1 (Register of Patent Agents).

THE LORD MAYOR OF DUBLIN (Mr. SEXTON) (Belfast, W.)

said, he saw an Amendment on the Paper in the name of the hon. Member for Canterbury (Mr. Henniker Heaton) as follows:—In Clause 1, page 1, leave out lines 19 to 24, inclusive, and insert— (3.) Provided, that every person who proves to the satisfaction of the Board of Trade that, prior to the passing of this Act, he had been bonâ fide practising as a patent agent, or had been a principal assistant to a patent agent, shall be entitled to be registered as a patent agent in pursuance of this Act. The Amendment was one affecting the interests of many persons, and he thought that, notwithstanding the absence of the hon. Member for Canterbury, the Amendment should be inserted in the Bill. He begged leave to move it himself.

Amendment proposed, In page 1, leave out 19 to 24, inclusive, and insert—"(3.) Provided, that every person who proves to the satisfaction of the Board of Trade that, prior to the passing of this Act, he had been bonâ fide practising as a patent agent, or had been a principal assistant to a patent agent, shall be entitled to be registered as a patent agent in pursuance of this Act."—(Mr. Sexton.)

Question proposed "That lines 19 to 24 stand part of the Clause."

THE ATTORNEY GENERAL (Sir RICHARD WEBSTER) (Isle of Wight)

said, he was prepared to assent to an Amendment of this kind, but thought this particular proposal far too wide. He objected to the words "or had been a principal assistant to a patent agent." According to the representations which had been made to the Board of Trade, while it would be well to license persons who had been bonâ fide practising as patent agents, it would be a mistake to license persons who had merely acted as patent agents' assistants. He would therefore suggest that the words to which he took exception should be omitted, when the Amendment would be perfectly acceptable. There might be considerable difficulty in finding out whether or not a man had been a "principal assistant." He would move to amend the Amendment by omitting the words "or had been a principal assistant to a patent agent."

Amendment proposed to the proposed Amendment, in lines 4 and 5, to omit the words "or had been a principal assistant to a patent agent."—(Sir Richard Webster.)

Question proposed, "That the words proposed to be left out stand part of the proposed Amendment."

MR. SEXTON

said, he had been informed that there were some persons who had been patent agents who were now assisting patent agents without being their principal assistants. He would press the hon. and learned Gentleman the Attorney General to insert some such form of words as, "or have conducted the business of a patent agent."

SIR RICHARD WEBSTER

said, he had come in contact with a great many of these persons during the long period he had been connected with the question of patents, and it had been represented to him by them that the necessities of the case would be amply met by the insertion of the words he proposed.

MR. SEXTON

I accept that assurance.

Question put, and negatived.

"Question, "That lines 19 and 24 stand part of the Clause," put, and negatived.

Amendment, as amended, agreed to.

Clauses 2 to 12, inclusive, agreed to.

Clause 13 (S. 69, as to opposition to resignation).

MR. HUNTER (Aberdeen, N.)

said, he should like to ask the Attorney General, whether he had considered the Amendments of the hon. Gentleman the Member for West Monmouth (Mr. Warmington) which stood on the Paper to this clause? The hon. Member was not in his place, but he might be anxious for the Amendments to be accepted.

SIR RICHARD WEBSTER

said, he had considered the Amendment referred to, and did not think that the hon. Member for West Monmouth, even if he wore present, would move the Amendments. The first Amendment proposed to put aside the function of the Board of Trade and replace it by the action of a Court, which would be unsatisfactory to the parties to these cases.

DR. TANNER (Cork Co., Mid)

thought it desirable that the Committee should have some specific promise from the hon. and learned Gentleman in charge of the Bill as to the consideration of these Amendments on Report, in view of the fact that those hon. Gentlemen in whose names they stood were absent, and were, so to speak, taken unawares. There were certain hon. Gentlemen who usually sat beside him (Dr. Tanner) who, if they had known this Bill was coming on, would have been in their places to discuss it. He felt called upon to make this protest, not only on his own behalf, but on theirs as well. Several hon. Members had intimated to him that they desired to see the Bill passed; but, as he naturally distrusted everything which came from the Government—

THE CHAIRMAN

Order, order! There is no Motion before the House.

DR. TANNER

I should like to have some explanation—

THE CHAIRMAN

Order, order!

DR. TANNER

Then I may have to move to report Progress.

THE CHAIRMAN

The Question is that Clause 13 stand part of the Bill.

DR. TANNER

said, that before the clause was agreed to he should like to understand from Her Majesty's Government whether it was their intention to take the whole of this Bill at the present Sitting? If it were, he should certainly move to report Progress. He would have a definite understanding on this point. They were too much accustomed to the petty dogmatism of hon. Gentlemen opposite, and he thought they should insist upon a definite promise that if the Amendment standing in the names of private Members were passed over in the absence of those Members, at any rate on the Report stage, a certain amount of attention would be given to them by the Government.

SIR RICHARD WEBSTER

said, that of course, if hon. Members who were not present desired to move these Amendments on Report, attention would be given to their proposals. The question at stake was a purely technical one, having reference to certain notice which was to be given to enable trade marks to pass. The Bill was one requiring technical knowledge, but he had gone through all the clauses and found that there was nothing in the Amendments which it was necessary to adopt.

Clause agreed to.

MR. MURPHY (Dublin, St. Patrick's)

I beg to move the first Amendment standing in the name of the hon. Member for Monmouthshire.

THE CHAIRMAN

It is too late now.

Remaining Clauses agreed to.

Bill reported, with an Amendment; as amended, to be considered upon Monday next.

House adjourned at five minutes after Twelve o'clock.