HC Deb 17 December 1919 vol 123 cc598-9

(1) At any time after the sealing of a patent the comptroller shall, if the patentee so requests, cause the patent to be indorsed with the words licences of right,' and a corresponding entry to be made in the register, and thereupon—

(d) every such licensee shall be entitled to call upon a patentee to take proceedings to prevent the infringement of the patent, and if the patentee refuses, or neglects to do so within two months after being so called upon, the licensee may institute proceedings for the infringement in his own name, as though he were patentee making the patentee a defendant:

(4) All indorsements of patents under this Section shall be entered on the register of patents and shall be published in the official journal of the Patent Office, and in such other manner as to the comptroller may seem desirable for the purpose of bringing the invention to the notice of manufacturers.

(5) If at any time it appears that in the case of a patent. se indorsed there is no existing licence the comptroller may, if he thinks fit, on the application of the patentee and of payment by him of the unpaid moiety of all renewal fees which have become due since the indorsement, after due notice cancel the indorsement, and in that case the patentee's rights and liabilities shall be the same as if no such indorsement had been made."

Lords Amendment: In Sub-sections (1,d), after the word, "defendant," insert the words, A patentee so added as defendant shall nit be liable for any costs unless he enters an appearance and takes part in the proceedings. Service on him may be effected by leaving the writ at his address for service given on the register.

Lords Amendment read a second time.

Sir E. POLLOCK

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is merely consequential on the first Amendment, putting the same words in another place.

Lords Amendment: In Sub-section (4), leave out the words "official journal of the patent office" and insert instead thereof the words "Illustrated Official Journal (Patents)".

Lords Amendment read a second time.

Sir E. POLLOCK

I beg to move "that this House doth agree with the Lords in the said Amendment."

The Amendment merely provides that the proper name of the Journal shall be inserted.