SCHEDULE.—(Minor Amendments of Principal Act.) (Hansard, 24 June 1932)

§ Dr. CLAYTON
I beg to move, in page 19, line 39, to leave out from the word "appeal" to the word "to", in line 43.
This is one of five Amendments which deal with the same subject and with your permission, I will take them together. The effect of the Amendment is that appeals under Section 1 of the principal Act are to the Appeal Tribunal just as in the principal Act they were to the Law Officer. The change proposed by the Bill is that appeals in the case of amendment of granted patents are to lie to the court. There is no demand for such a change. The rule enunciated by the Solicitor-General is not a rule, since appeals under Section 21 since 1883 have been to the Law Officer. Even on the score of uniformity, there is no difference in principle between an appeal to a judge in chambers, that is, the Appeal Tribunal, and an appeal to a judge in court. It is desirable that in cases of Amendment under Section 21, especially where the patent is a granted patent, that the final decision shall not prejudice any infringement or revocation action arising out of the amended patent, and yet it is equally desirable that the decision should be the decision of the highest authority conveniently obtainable.
Surely the Appeal Tribunal, consisting of a judge in chambers, whose decision is definitely stated not to be binding on the High Court, is the ideal Tribunal for this case. The costs awarded after appeal to the court as at present in Section 26 are of the order of £200-£500 (taxed). The costs awarded by the Law Officer, and hence by the new Appeal Tribunal, are of the order of 7–15 guineas. The patentee of moderate means has hitherto been able to appeal under Section 21 in the knowledge that he will not be saddled with ruinous costs. This right of appeal, which he has enjoyed for 50 years, is now, in effect, denied to the patentee of moderate means. If the Solicitor-General cannot accept the words in the Amendment, I would ask him, in another place, to do something that will enable the poorer patentee to make an appeal in respect of his case.

§ The SOLICITOR-GENERAL
I am afraid that I must ask the House to reject the Amendment. The Bill is de- 1441 signed to follow very closely the very careful recommendations, after a review of the whole of the patent law, of the Sargant Committee. It is true that this Clause does effect a change in the existing law, but that is strictly in accordance with the recommendation of the Committee, and for this reason, that throughout the whole of the principal Act there is this principle with regard to appeals, that the appeals before grant go to the Law Officer, and after grant of the patent they go to the court. This particular appeal under Section 21 was the only exception to that rule, and the Sargant Committee strongly recommended that that exception should be done away with.
Whilst not in the least overlooking any possible hardship, although I hope there will be none in practice, there is a practical reason for this which, I hope, will appeal to the House. Amendments made after the grant of a patent are almost invariably the prelude of, or incidental to, an infringement action, and an infringement action is a matter for the court and has nothing to do with what has been the Law Officers tribunal, but is now the appeal tribunal. As an amendment made after the grant of the patent and with a view to an infringement action may have some bearing on the action itself, it is manifestly more convenient that it should be dealt with by the same tribunal which deals with the infringement action. I ask the House to accept the recommendation of the Sargant Committee, that this excrescence on the usual rules as to appeal should be done away with.

§ Dr. CLAYTON
I beg to ask leave to withdraw the Amendment.

§ Dr. CLAYTON
I beg to move, in page 22, line 16, after the word "Kingdom," to insert the words "and dated."
It is obvious that the date is important. This is purely a drafting Amendment.

§ The SOLICITOR-GENERAL
I ask the House to accept the Amendment.

§ Dr. CLAYTON
I beg to move, in page 25, line 6, at the end, to insert the words and after the word 'drawings' there shall be inserted the words' samples and specimens'. 1442 This Amendment should have been made in Committee, but was omitted in error.

§ The SOLICITOR-GENERAL
The Government propose to accept this Amendment.

§ Dr. CLAYTON
I beg to move, in page 26, line 39, at the end, to insert the words: Section 86. In Subjection (3) for the words 'official journal to be issued by the comptroller,' there shall be substituted the words 'Official Journal (Patents)'. This, also, is an Amendment which was omitted in error during the Committee stage.

§ The SOLICITOR-GENERAL
I invite the House also to accept this Amendment.

§ The PARLIAMENTARY SECRETARY to the BOARD of TRADE (Mr. Hore-Belisha)
I beg to move, "That the Bill be now read the Third time."
I do not think that I need do more than thank the House for the expeditious way in which it has dealt with this Bill. The Government are much obliged for all the assistance they have received from hon. Members in this matter.