HL Deb 27 July 1949 vol 164 cc579-80

First Schedule, page 58, line 28, at end insert ("and after that subsection there shall be inserted the following subsection:— (1A) Rules under this Act may authorise the comptroller to refuse to recognise as agent in respect of any business under this Act any person, not being registered as a patent agent, who in the opinion of the comptroller is engaged wholly or mainly in acting as agent in applying for patents in the United Kingdom or elsewhere in the name or for the benefit of a person by whom he is employed."")

LORD LUCAS OF CHILWORTH

My Lords, I feel it my duty to offer some explanation of this Amendment, as it resolves a difficulty arising where an unregistered patent agent acts in the capacity of a patent agent when he is a member of a firm. While Section 84 of the principal Act forbids unregistered persons to carry on the business of acting as patent agent, a practice has grown up in some companies of employing an unregistered person as head of the patent department of the company, the unregistered person acting whole-time as agent for the company and signing the specifications accordingly. This practice has exposed a loophole in the provisions of Section 84, which are intended to ensure that those earning their living whole-time as patent agents should be properly qualified and registered. The practice has also the grave disadvantage that young persons appointed as assistants to such heads of patent departments do not serve with registered agents, and thus cannot become registered themselves and so cannot practise except as employees of the company.

Rules to be made under the provisions of the Amendment will empower the Comptroller in future to refuse to recognise such persons as agents. This will, however, be a matter for the Comptroller's discretion, having regard to all the circumstances. Moreover, an assurance has been given in another place that provision will be made by Rules to enable unregistered persons who have for a suffi- cient period been wholly or mainly employed on the prosecution of applications for patents in the name or for the benefit of their employers to be entered on the Register of Patent Agents. These Rules are all subject to annulment by Resolution of either House. It will therefore be possible for any one of these assistants who has been working in the patent department of a large company to serve the requisite apprenticeship and pass the requisite examinations.

I thought that that explanation was due to your Lordships, since this is rather a big departure from the practice followed heretofore. I beg to move that this House do agree with the Commons in the said Amendment.

Moved, That this House do agree with the Commons in the said Amendment.—(Lord Lucas of Chilworth.)

On Question, Motion agreed to.