HC Deb 23 October 1950 vol 478 c2641
The President of the Board of Trade (Mr. Harold Wilson)

I beg to move, That an humble Address be presented to His Majesty under subsection (3) of section forty-nine of the Patents Act, 1949, praying that the Patents (Extension of Period of Emergency) Order, 1950, be made in the form of the draft laid before this House on 17th October. The purpose of this Motion is to extend the period during which the Government can make use of patented inventions for the services of the Crown and associated Services without waiting for lengthy negotiations or agreement with the person or persons owning the patent. As the House knows, under Section 49 of the Patents Act 1949, the Government are given the power to make use of patents in this way, and the powers are particularly those which we have discussed earlier this evening.

The House is aware that, under Section 49, to which I have referred, where the Government take power over such patents, the patentee, or, where it applies, the exclusive licensee, can obtain use of these patents or; terms after the Government have taken them over, or, in default, on terms settled by a decision of the High Court. In practice, it is found that satisfactory terms have always been negotiated with the patentees or the exclusive licensees, but it is necessary that these powers be continued for a further period because they extend, as Section 49 makes clear, not only to defence production purposes, but also to purposes connected with the export drive, the maintenance of supplies and services, and the provision of machinery designed to increase our productivity in agriculture and industry, for the housing drive, and for other similar purposes. It is, therefore, desirable that these powers be extended for the further period, and I trust that the House will pass this Motion.

Question put, and agreed to.

Address to be presented by Privy Councillors or Members of His Majesty's Household.

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