HC Deb 08 August 1919 vol 119 cc773-6

For Section eighty-four of the principal Act, which relates to the registration of patent agents, the following Section shall be substituted: 84.—(1) No person shall practise, describe, or hold himself out, or permit himself to be described or held out, as a patent agent unless— (d) in the case of a company which commenced to carry on business before that date, if the manager or managing director of the company is so registered: Provided that in the last-mentioned case the name of such manager or managing director shall be mentioned as being a registered patent agent in all professional advertisements, circulars or letters in which the name of the company appears. (2) Every individual not registered as a patent agent before the fifteenth day of July, nineteen hundred and nineteen who proves to the satisfaction of the Board of Trade that prior to the first day of August, nineteen hundred and seven teen, he was bond fide practising as a, patient agent, whether individually or as member of a firm, or as manager or director of an incorporated company, shall be entitled to be registered as a patent agent if he makes an application for the purpose within such time as may be fixed by the Board of Trade, unless after giving an applicant an opportunity of being heard the Board of Trade are satisfied that he has whilst so practising been guilty of such misconduct as would have rendered him liable, if his name had been on the register of patent agents, to have his name erased therefrom.


I beg to move, in Sub-section (1), to leave out the word "managing" ["the name of such manager or managing director"]. This is a drafting Amendment. The Solicitor-General has been good enough to accept it.


I accept this Amendment and that which follows in the name of the hon. Member.

Amendment agreed to.


I beg to move, in Sub-section (2), after the word "as" ["member of a firm, or as manager or director"], to insert the word "a."


I accept this Amendment.

Amendment agreed to.

Section Amended. Nature of Amendment.
Section 6 In the proviso to Sub-section (3) for the words "treat the claim" there shall be substituted the words "allow an application"; and after the words "included in the complete specification" there shall be inserted the words "to be made and treated."
In Sub-section (4) for the words "A refusal of the comptroller to accept a complete specification shall be subject to appeal" there shall be substituted the words, "An appeal shall lie from the decision of the comptroller under this Section."
In Sub-section (5) for the word "twelve" there shall be substituted the word "fifteen."
Section 29 For the words, "by themselves, their agents, contractors, or others," there shall be substituted the words, "by themselves or by such of their agents, contractors, or others as may be authorised in writing by them."
For the word "use," there shall be substituted the words "make, use, or exercise."

I beg to move, in paragraph one, Section (6), to leave out the word "fifteen" ["there shall be substituted the word fifteen"], and to insert in stead thereof the word "eighteen."

This Amendment does not in any way contravene the substance or principles of the Section. It is simply intended to give a little more time to those who would otherwise be handicapped. In other countries an unlimited time is allowed, and in some countries the time is two to three years. This is a matter of special hard ship for patentees or owners in our Dominions, such as New Zealand and other outstanding places, where they have not the opportunity of coming within the period of time. I have had the opportunity of speaking with the Solicitor-General, and I hope he will see his way to accept this slight alteration.


I beg to second the Amendment.


I am sorry I can not accept this Amendment. I quite understand the reason why it is moved. I do not think it is a necessary or a wise Amendment. It is an Amendment to Section 6, and Section 6 provides the period of time which has to elapse between the provisional and the complete specification. Sub-section (5) provides that, unless a complete specification is exhibited within twelve months from the date of the application, the application shall be void. That twelve months has been made into fifteen, and there is also power, under the Act as it stands, to add a further extension of time of not more than three months. As we have put in fifteen months, and could take another three months, it gives us eighteen months. There must be some sort of finality. The only case I can think of where on reasonable grounds it might be necessary to have more time would be some delayed case from a distant part of the Overseas Dominions. Such cases are so few that I think they really are met by the power of extension to eighteen months which we already have. For the purpose of securing something like finality, and dealing with the register, and so on, I think it is not wise to go beyond the ex tension we have already provided.

Amendment negatived.

Amendments made: At the end of paragraph on Section 29, to insert the words The following words, at the end of the Section, namely, 'or, in default of agreement, as may be settled by the Treasury after hearing all parties interested,' shall be omitted.

After paragraph on Section 36, to insert

"Section 38 After Sub-section (1), insert,—
"In any action, application, or proceedings under this Act no person shall be estopped from applying for or obtaining relief by reason of any admission made by him as to the reasonableness of the terms offered to him under Sub-section (1) (i)."— [Sir E. Pollock.]

Motion made, and Question, "That the Bill be now read the third time."— [Sir E. Pollock]— put, and agreed to— (King's consent signified).

Bill accordingly read the third time, and passed.