HC Deb 22 July 1977 vol 935 c2064
Mr. Clinton Davis

I beg to move Amendment No. 4, in page 5, line 20, at end insert— '(3A) The foregoing provisions of this section shall apply for determining the priority date of an invention for which a patent has been granted as they apply for determining the priority date of an invention to which an application for that patent relates'. This clause defines the priority date of an invention to which an application relates. The priority date of that invention should clearly be the same after the patent has been granted. Moreover, in cases where the patent has been amended after grant the test to be applied in determining the priority date of an invention which did not appear as such in the application should be the same as the test for determining the priority date of the invention to which the application relates. There was a lacuna in the Bill, and the amendment seeks to cure that.

Amendment agreed to.

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