HC Deb 19 May 1938 vol 336 cc701-2
Mr. Alexander

I beg to move, in page 5, line 13, to leave out "After," and to insert "For."

It is not intended to press the Amendments on the Paper if the Government will be able to say, as I understand they can say, that the points referred to will be the subject of a Departmental inquiry.

9.31 p.m.

The Solicitor-General (Sir Terence O'Connor)

This is one of a series of Amendments which deal with a point which is not the point that the right hon. Gentleman has in mind. This Amendment raises the question whether priority applications should be linked on in the case of a person who is the assignee of applications for patents in more than one foreign country. The Clause that we have embodied in the Bill conforms with our obligation under the Convention. The Clause proposed in the Amendments would go further than the Convention. I explained on Second Reading that we were not prepared at the moment to go further than necessary, so that I am afraid the Government cannot accept these Amendments. The point that the right hon. Gentleman wished to make, as I understand, on behalf of the hon. and learned Gentleman the Member for East Bristol (Sir S. Cripps) was in relation to what used to be Clause 3, which is now out of the Bill. As it was introduced by us, it might be said to close the door to a revision of the law in the direction which the hon. and learned Gentleman thought the law ought to follow. In Committee I gave an undertaking, in withdrawing the Clause, that it was the Government's intention, if it were shown that hardship in operation resulted from the existing state of the law, at a convenient moment to refer that with other matters to an appropriate committee for consideration. I understand that what hon. Members opposite would desire is that that undertaking should be repeated. I am quite prepared to renew it here.

The position is that one does not want to unsettle the existing patent law by promising periodical and unnecessary revisions. That would be most undesirable. This point alone would not justify examination by a Committee, but what we are prepared to say is this: There are various matters becoming ripe for investigation. As soon as a sufficient number of points are accumulated, they will be considered. The solution offered by the hon. and learned Gentleman will be considered along with other solutions with a view to considering whether a revision of the law is necessary. It is a matter which will certainly want looking into at some time, though one cannot say exactly when.

Amendment, by leave, withdrawn.

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