§ 5. Sir EDWARD CARSONasked the President of the Board of Trade whether a patent, numbered 115,118, has been granted on the application of Max Burg, engineer, of 18, Defreggerstrasse, Berlin-Treptow, and the firm of Stock Motorpflug Aktien-Gessellschaft, manufacturers, of 48/49, Kopenickerstrasse, Berlin, S.O. 16, both in Germany, dated the 21st of May, 1917, covering an invention relating to improvements in motor ploughs; whether the application for this patent was signed by Messrs. Chatwin, Herschell and Company, as patent agents for the applicants; whether the patent was accepted on the 2nd of May, 1918; and, if so, will he explain why a patent has been granted in time of war to enemy aliens in Berlin, the effect of which is to prevent or restrict improvements in motor ploughs by British inventors?
Sir A. STANLEYNo patent has been or will be granted to the applicants during the War. The complete specification, which was filed as stated in the question, was accepted on the 2nd May last in accordance with the procedure followed in dealing with applications for patents by alien enemies. This procedure, which has been followed throughout the War both by the British Empire, the Allies, and enemy countries, permits such applications to be made and accepted, but no patent can be actually granted during the War. In the meantime it is open to any British subject to apply to the Board of Trade for a licence to use the invention to which the application relates. As I stated in reply to a recent question in this House, the United States Government has quite recently made an alteration in its practice in this matter, which makes it necessary to consider whether any modification is expedient in our own procedure; we are in communication at present with the United States Government on the subject.
§ Sir E. CARSONHow can the patent agents communicate and deal with Germans in Germany, procure their inven- 1372 tions and specifications and drawings and file them here, without being guilty of trading with the enemy?
Sir A. STANLEYAs I understand the matter, this arrangement was made in the early part of the War, not only in this country but in those of the other Allies. I would remind the right hon. and learned Gentleman that no patent is involved. They can only file their specifications, and it certainly does secure to the people of this country the advantage of any new ideas which the Patent Office may have.
§ Sir E. CARSONI beg to give notice that I shall call attention to this at an early opportunity.
§ Mr. PENNEFATHERAre British patents now being filed and accepted in Germany?
Sir A. STANLEYPatents are not accepted or issued, but specifications are accepted. The latter are not barred in Germany any more than in this country.
§ Sir H. COWANIs the licence granted by the Board of Trade under the condition that the patent will not continue to be in force after the conclusion of the War?
Sir A. STANLEYObviously the object of this arrangement is to continue the practice prevailing before the War with regard to specifications. The licences issued are only good for the period of the War. Their continuance after the War would be determined by the peace conditions.
§ Sir H. COWANIf the enemy licensee to which the patent is granted should choose to work it after the War, will that cause the licence granted to a British subject during the War to be terminated?
Mr. RUNCIMANIs there any difference between the procedure followed in the British Patent Office with regard to a patent held by a German and the procedure followed in the German Patent Office with regard to a patent held by a British subject?
§ Mr. BILLINGWhy has it been necessary to wait for three and a half years, until America took action, before considering the advisability of taking action in this country?
Sir A. STANLEYThe United States is, in a sense, one of our Allies, and we desire to consider their views.
§ Mr. BILLINGAre we to understand that we shall follow all their examples and intern all enemy aliens in this country?