PATENTS AND DESIGNS BILL.

HL Deb 11 December 1919 vol 37 cc936-40

Amendments reported (according to Order).

VISCOUNT PEEL moved in Clause 1, subsection (3) (b), to leave out "the Patent Office" and to insert "his address for service given on the register." The noble Viscount said: The necessity for this Amendment is that the Office cannot undertake to forward all these letters, and the suggestion is that as the patentee must register his address at the Office it would be quite sufficient for the purposes of service.

Amendment moved— Clause 1, page 3, line 29, leave out ("the Patent Office") and insert ("his address for service given on the register").—(Viscount Peel.)

LORD MOULTON

I admit that this is an improvement.

On Question, Amendment agreed to.

VISCOUNT PEEL moved, in Clause 1, subsection (9), to leave out "allowed by the Comptroller" and insert "prescribed." The noble Viscount said: This is mere drafting.

Amendment moved— Clause 1, page 5, line 34, leave out ("allowed by the comptroller") and insert ("prescribed").—(Viscount Peel.)

On Question, Amendment agreed to.

VISCOUNT PEEL moved, in Clause 2, subsection (1) (d), to leave out "the Patent Office" and insert "his address for service given on the register." The noble Viscount said: This is consequential on the first Amendment.

Amendment moved— Clause 2, page 8, line 11, leave out ("the Patent Office") and insert ("his address for service given on the register").—(Viscount Peel.)

On Question, Amendment agreed to.

VISCOUNT PEEL moved, in Clause 4 (bb), after "opposed," to insert "was deposited pursuant to an application for a patent which is or". The noble Viscount said: This is purely drafting.

Amendment moved— Clause 4, page 9, line 40, after ("opposed") insert ("was deposited pursuant to an application for a patent which is or").—(Viscount Peel.)

On Question, Amendment agreed to.

LORD EMMOTT

My Lords, I have handed in an Amendment, which there was not time to have printed, dealing with the difficult question of the moratorium. As has been explained, there is a real case which ought to be met, if it can be met satisfactorily, with regard to those patentees who have really suffered injury owing to the war. That case is being met in other countries—in France, Belgium, and, I believe, in Germany. I do think some better effort ought to be made to meet it than is made in the Bill as it stands. The only relief these patentees have is under Clause 7 of the Bill as it now stands. The Government plan set out there would mean, in the case of an uncontested application, that it would cost the patentee £100 and, i the case of a contested application, a minimum of from £750 to £1,000.

I have given private notice of my Amendment, which I think is a practical one—much more practical than that which was on the Paper before. I understand that the Government, although they feel disinclined to accept it, have another proposal that does not go all the way I desire to go, but I am told that it will quicken, cheapen, and greatly simplify the procedure and will, in particular, substitute as a reason for prolongation a much less exacting test than is now proposed. In these circumstances, if my noble friend can assure me that he will move the Amendment which has been shown to me privately instead of mine, I will not trouble the House with mine.

VISCOUNT PEEL

My Lords, I am ready to move this Amendment, which is to leave out subsection (2) of Clause 7, and to add a new subsection. I may say shortly that the effect of the new subsection is to proceed by originating summons instead of by petition and so enormously to decrease the expenses, especially for the patentee. The Court in considering its decision may have regard solely to the loss or damage so suffered by the patentee and not, as in the principal Act, to cases of exceptional merit only. This, I think, will give great relief to patentees who wish in this matter to extend their patent.

THE MARQUESS OF SALISBURY

For what length of time does this permit the extension to run?

VISCOUNT PEEL

That is at the discretion of the Court. It is governed by the principal Act.

Amendments moved— Clause 7, page 11, line 22, leave out subsection (2). Clause 7, page 11, line 32, at end insert as a new subsection: At the end of the same section the following subsection shall be added: Where by reason of hostilities between His Majesty and any foreign State the patentee as such has suffered loss or damage (including loss of opportunity of dealing in or developing his invention owing to his having been engaged in work of national importance connected with such hostilities), an application under this section may be made by originating summons instead of by petition and the Court in considering its decision may have regard solely to the loss or damage so suffered by the patentee. Provided that this subsection shall not apply if the patentee is a subject of such foreign State as aforesaid or is a company the business whereof is managed or controlled by such subjects or is carried on wholly or mainly for the benefit or on behalf of such subjects notwithstanding that the company may be registered within His Majesty's Dominions."—(Viscount Peel.)

On Question, Amendments agreed to.

VISCOUNT PEEL moved to insert, after subsection (3) of Clause 8, the following new subsection—"(4) Nothing in this section shall affect the right of the Crown or of any person deriving title directly or indirectly from the Crown to sell or use any articles forfeited under the law relating to the customs or excise." The noble Viscount said: The object is to give the Crown the same right to sell all goods seized by the Customs and Excise Departments under the proper authority, even if such goods are the subject of patent right.

Amendment moved— Clause 8, page 12, line 42, after subsection (3) insert the said new subsection.—(Viscount Peel.)

On Question, Amendment agreed to.

LORD MUIR MACKENZIE

My Lords, I had intended to call your Lordships' serious attention to Clauses 19 and 20 of this Bill and to Clause 12 of the Trade Marks Bill, but it is quite evident that everything ought to be done to get on with the business of this evening in relation to the Government of India Bill. Therefore I shall try to get an opportunity to make my remarks on the Third Reading.

LORD MOULTON moved, after Clause 15, to insert the following new clause— . For section seventy-one of the principal Act the following section shall be substituted:— 71.—(1) Where a person becomes entitled by assignment, transmission, or other operation of law to a patent or to the copyright in a registered design, he shall make application to the Comptroller to register his title, and the Comptroller shall, on receipt of such application, and on proof of title to his satisfaction, register him as the proprietor of such patent or design and shall cause an entry to be made in the prescribed manner on the register of the assignment, transmission, or other instrument affecting the title. (2) Where any person becomes entitled as mortgagee, licensee, or otherwise to any interest in a patent or design, he shall make application to the Comptroller to register his title, and the Comptroller shall, on receipt of such application, and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the Register of Patents or Designs as the case may be with particulars of the instrument, if any, creating such interest. (3) The person registered as the proprietor of a patent or design shall, subject to the provisions of the Act and to any rights appearing from the register to be vested in any other person have power absolutely to assign, grant licences as to or otherwise deal with the patent or design, and to give effectual receipts for any consideration for any such assignment, licence or dealing. Provided that any equities in respect of the patent or design may be enforced in like manner as in respect of any other personal property. (4) Except in applications made under section seventy-two of this Act, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of subsections (1) and (2) aforesaid, shall not be admitted in evidence in any court in proof of the title to a patent or copyright in a design or to any interest therein unless the court otherwise directs.

The noble and learned Lord said: My Lords, I move this Amendment in pursuance of an arrangement which was made in the Committee stage of the Bill that a clause of this kind should be brought up on Report. In my opinion, it fully carries out that which we had in view.

Amendment moved— After Clause 15, insert the said new clause.—(Lord Moulton.)

VISCOUNT PEEL

I agree to the Amendment.

On Question, Amendment agreed to.