HL Deb 26 May 1938 vol 109 cc600-1

Clause 3, page 4, line 14, leave out Clause 3.

LORD TEMPLEMORE

My Lords, under our law, an applicant for a patent is required to disclose in his complete specification the best method of performance of the invention known to him when the specification is left at the Patent Office. On the other hand, an applicant for a patent with priority under the Convention is not allowed to cover in his complete specification improvements which he has made in the invention since he filed the foreign application upon which his claim to priority is based and so may not be able to comply with the first-mentioned requirement. To resolve this difficulty, Clause 3 provided that the obligation, in the case of an application claiming priority under the Convention, should be to disclose the best method of performance known to the applicant on the date for which he claims such priority. There are, however, other possible ways of meeting this difficulty, and it is thought that the problem can better be left over for further consideration as to the best method of solving it when the Patents Acts are under general review. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Templemore.)

On Question, Motion agreed to.