HL Deb 19 July 2004 vol 664 cc12-3

[The page and line refer to Bill 90 as first printed for the Commons.]

1 Clause 13, page 8, leave out lines 1 to 3 and insert— (6) In relation to a decision of the comptroller whether to issue an opinion under this section—

  1. (a) for the purposes of section 101 below, only the person making the request under subsection (1) above shall be regarded as a party to a proceeding before the comptroller; and
    2. 13
  2. (b) no appeal shall lie at the instance of any other person."

Lord Sainsbury of Turville

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 1.

This amendment clarifies the drafting in Clause 13 in relation to a matter that might otherwise be in some doubt. It ensures that there is no general right of appeal to the Patents Court under Section 97 of the Patents Act 1977 on whether or not to grant a request for an opinion. It will be recalled that only the person who requested the non-binding opinion from the Patent Office will have the right to be heard under Section 101 on whether this request should be granted. For the same reason, only the requestor should have the right to appeal to the Patents Court against a final decision to refuse that request. Amendment No. 1 ensures that only decisions to refuse an opinion will be subject to appeal.

Moved, That the House do agree with the Commons in their Amendment No. 1.—(Lord Sainsbury of Turville.)

On Question, Motion agreed to.