HL Deb 26 May 1938 vol 109 cc599-600

[The references are to Bill No. 33.]

Clause 1, page 2, line 17, leave out ("in the patent") and insert ("as provided by subsection (8) of this section")

Clause 1, page 2, line 31, leave out ("in the patent")

Clause 1, page 2, line 39, leave out ("in a patent")

Clause 1, page 2, line 40, at end insert: (" (4) No request or claim under the foregoing provisions of this section shall be entertained if it appears to the comptroller that the request or claim is based upon facts which, if proved in the case of an opposition under the provisions of paragraph (a) of subsection (1) of Section eleven of this Act by the person in respect of or by whom the request or claim is made (in this section referred to as 'the claimant') would have entitled him to relief under that section.")

Page 3, line 7, leave out subsection (5).

Page 3,line 28, at end, insert ("on the complete specification and in the register of patents")

Page 3,line 30, leave out from ("mentioned,") to ("ought,") in line 32, and insert ("as aforesaid")

Page 3,line 38, at end, insert ("and, if he does so, he shall rectify the specification and the register accordingly")

Page 4, line 1, leave out ("in a patent in pursuance of this section,") and insert ("as aforesaid")

LORD TEMPLEMORE

My Lords, the Amendments to this clause are put in for the following reason. Clause 1, as it left your Lordships' House, was intended to ensure that the actual deviser of an invention should in all cases be entitled to be mentioned as such deviser in the patent. The Commons Amendments deal with three points. In the first place, they provide that the deviser shall be mentioned not only in the Letters Patent but also on the complete specification and in the Register of Patents. Secondly, the Commons have reinserted in subsection (5) a provision that the allowance of an extension of time for making a request or claim under the clause shall be "subject to payment of the prescribed fee." I would point out that this provision was omitted in your Lordships' House as a Privilege Amendment. Thirdly, it is now provided in subsection (4) of the new clause that, where the conditions are such that a claimant to recognition by the mention of his name as provided in the clause, could oppose the grant of the patent under the existing paragraph (a) of subsection (1) of Section 11 of the Act, he shall take that course instead of proceeding under the new provisions. If such a person establishes his position under Section 11, it means that the application for the patent was originally wrongly constituted, and the Comptroller has powers to deal with such a position when established under that section which are not given, and are not in general necessary, in respect of a successful application under the new clause. These are the Amendments to Clause 1, and I beg to move that this House doth agree with the Commons in the said Amendments.

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

On Question, Motion agreed to.