HL Deb 27 July 1949 vol 164 cc577-9

First Schedule, page 33, line 28, leave out ("subject matter for which protection is") and insert ("scope of the invention")

First Schedule, page 35, line 17, leave out ("subject matter of") and insert ("invention, so far as claimed in")

First Schedule, page 35, line 24, leave out ("subject matter of") and insert ("invention, so far as claimed in")

First Schedule, page 35, line 37, leave out ("subject matter of") and insert ("invention, so far as claimed in")

First Schedule, page 36, line 5, leave out ("subject matter of") and insert ("invention, so far as claimed in")

First Schedule, page 36, line 14, leave out ("subject matter") and insert ("invention")

First Schedule, page 36, line 28, leave out ("subject matter of") and insert ("invention, so far as claimed in")

First Schedule, page 37, line 8, leave out ("subject")

First Schedule, page 38, line 28, leave out ("subject mater of") and insert ("invention, so far as claimed in")

First Schedule, page 38, line 38, leave out ("subject matter of") and insert ("invention, so far as claimed in")

First Schedule, page 40, line 22, leave out ("any claim of")

First Schedule, page 40, line 48, leave out ("(2)") and insert ("(1)")

First Schedule, page 43, line 16, leave out ("subject matter of the patent") and insert ("patented invention")

First Schedule, page 44, line 10, leave out ("subject")

First Schedule, page 44, line 45, leave out from ("and") to end of line 47 and insert ("if in any such proceedings for revocation the court decides that the patent is invalid the court may allow the specification to be amended under this section instead of revoking the patent")

First Schedule, page 45, line 5, leave out ("subject")

First Schedule, page 47, line 5, after ("(a)") insert ("the words from "and to such terms" to "deemed desirable" and")

First Schedule, page 47, line 8 after (""plaintiff"") insert ("in paragraph (b) the words from "and may impose" to the end of the paragraph shall be omitted")

First Schedule, page 47, line 9, at end insert—

("At the end of the section there shall be added the following subsection:— (2) As a condition of relief under paragraph (a) or paragraph (b) of subsection (1) of this section the court may direct that the specification be amended to its satisfaction upon application made for that purpose under section twenty-two of this Act and such an application may be made accordingly whether or not all other issues in the proceedings have been determined."")

First Schedule, page 47, line 40, at end insert ("and after the words "infringement of a patent" there shall be inserted the words "or of rights arising from the publication of a complete specification"")

First Schedule, page 49, line 7, leave out ("any claim of")

First Schedule, page 49, line 18, leave out ("any claim of")

First Schedule, page 49, line 20, leave out ("the claim") and insert ("the relevant claim of the specification")

First Schedule, page 49, line 44, leave out ("any claim of")

line 47, leave out ("the claim") and insert ("the relevant claim of the specification")

First Schedule, page 50, line 8, leave out ("any claim of") line 22, at end insert—

("Section 43

In subsection (1) for the words "legal representative" there shall be substituted the words "personal representative"")

First Schedule, page 50, line 26, leave out ("any claim of")

First Schedule, page 57, line 2, after ("subsection (2)") insert ("after the word "design" where that word occurs for the second time there shall be inserted the words "or for the determination of a dispute as to an invention under section thirty-nine of the Patents and Designs Act, 1949"")

First Schedule, page 57, line 3, after ("occur") insert ("and the word "compulsory"")

LORD LUCAS OF CHILWORTH

My Lords, all the Amendments to the First Schedule down to that on page 57, line 3, are consequential. I beg to move that this House do agree with the Commons in the said Amendments.

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

On Question, Motion agreed to.