HC Deb 18 February 1930 vol 235 cc1119-20
1. Brigadier-General CLIFTON BROWN

asked the President of the Board of Trade if he will undertake to organise and staff the Patent Office in such a way that its work can be carried out with greater despatch?

The PARLIAMENTARY SECRETARY to the BOARD of TRADE (Mr. W. R. Smith)

I would refer the hon. and gallant Member to the answer which was given on 4th February to the question on this subject asked by the hon. Member for Farnham (Mr. A. M. Samuel), a copy of which I am sending him.

2. Mr. CHARLES WILLIAMS

asked the President of the Board of Trade what is approximately the average time it takes to get a patent through the Patent Office?

Mr. W. R. SMITH

As the answer is long, I propose, subject to the concurrence of the hon. Member, to circulate it in the OFFICIAL REPORT.

Mr. WILLIAMS

Can the hon. Gentleman give us an expression of opinion as to whether his Department is satisfied with the position or not?

Mr. SMITH

I think the hon. Member had better wait and see the answer.

Colonel ASHLEY

Will the answer give us the time taken to get a patent?

Following is the answer:

An application for a patent must be accompanied either by a complete specification, or by a provisional specification which may subsequently be followed within a maximum period of 10 months, by a complete specification. In the case of applications accompanied by provisional specifications the result of official action is usually communicated to the applicant within a fortnight. In the case of applications accompanied by complete specifications, the result of the first official action (examination and search) is usually communicated to the applicant within eight months. In the case of complete specifications filed in pursuance of applications originally accompanied by provisional specifications, the result of the first official action on the complete specification is usually communicated within three months. The interval which subsequently elapses before the grant of a patent varies in different cases with the action which becomes necessary in consequence of the first official action and cannot be forecast; questions frequently arise between the Office and the applicant as the result of the official examination and search, and the time taken for their settlement is not within the control of the Office. Further time may be occupied by hearings before the comptroller and subsequent appeal to the law officer. After settlement of these matters, a further statutory period of two months is permitted prior to the sealing of the patent within which oppositions to the grant may be lodged and the final grant must be deferred until the opposition proceedings have been determined.

As a general estimate it may be said that the average period at the present time between the date of an application for a patent and the date of the grant is from 16 to 17 months.