TERM OF PATENT

HC Deb 22 July 1977 vol 935 cc2067-8

Mr. Clinton Davis

I beg to move Amendment No. 12, in page 22, line 41, leave out from beginning to 'paid' in line 1 on page 23 and insert 'If during the period of six months immediately following the end of the prescribed period the renewal fee and any prescribed additional fee are'.

Mr. Deputy Speaker

With this it will be convenient to take Government Amendment No. 13.

Mr. Davis

The purpose of the amendment is to do away with the reference to a request to the Comptroller for an extension of time in which to pay the renewal fee. There are two reasons for this. First, the Paris Convention requires such an extension to be allowed. Therefore, the Comptroller has no discretion in the matter. He has to allow an extension. Secondly, a request as such has no effect whatsoever unless and until the necessary fees have been paid. The result is that once the fees have been paid, the extension will follow automatically. The amendment reflects the reality of the situation.

Amendment No. 13 relates to Clause 28(3)(a), which refers to the period allowed under section 25(4) above". That is wrong because, in the circumstances of restoration of a patent as envisaged by Clause 28, no such period has been allowed, although it could have been. The amendment rectifies this error by abandoning the reference to "section 25(4)" and setting out the period in question in explicit terms.

Amendment agreed to.