§ [References are to Bill [122] as first printed for the Commons]
§ 1 Clause 1, page 2, line 18, leave out "or immoral" and insert ",immoral or antisocial"
§ 2 Clause 1, page 2, line 24, leave out "or immoral" and insert ",immoral or antisocial"
1049§ 3 Clause 2, page 3, line 8, after second "of" insert "matter constituting"
§ 4 Clause 2, page 3, line 17, after "available" insert "in confidence"
§ 5 Clause 2, page 3, line 22, leave out "by, or who obtained it from" and insert "in confidence by"
§ 6 Clause 2, page 3, line 24, at end insert "or who obtained it from any person so mentioned because he or the person from whom he obtained it believed that he was entitled to obtain it"
§ 7 Clause 2, page 3, line 27, leave out "or other proprietor of the invention"
§ 8 Clause 2, page 3, line 29, leave out "in confidence"
§ 9 Clause 2, page 3, line 29, leave out "either of them" and insert "the inventor"
§ 10 Clause 2, page 3, line 39, leave out "successor in title of his" and insert "proprietor of the invention for the time being."
§
11 Clause 5, page 5, line 18, at end insert—
(3A) The foregoing provisions of this section shall apply for determining the priority date of an invention for which a patent has been granted as they apply for determining the priority date of an invention to which an application for that patent relates".
§ 12 Clause 5, page 5, line 22, after "country" insert "(specified under section 87 below)"
§ 13 Clause 5, page 5, line 25, after second "or" insert "international".
§ 14 After Clause 5, insert the following new clause:
§ Disclosure of matter, etc., between earlier and later applications.
§ " .—(1) It is hereby declared for the avoidance of doubt that where an application (the application in suit) is made for a patent and a declaration is made in accordance with section 5(2) above or in connection with that application specifying an earlier relevant application, the application in suit and any patent granted in pursuance of it shall not be invalidated by reason only of relevant intervening acts.
§ (2) In this section—
§ "relevant application" has the same meaning as in section 5 above; and
§ "relevant intervening acts" means acts done in relation to matter disclosed in an earlier relevant application between the dates of the earlier relevant application and the application in suit, as for example, filing another application for the invention for which the earlier relevant application was made, making information available to the public about that invention or that matter or working that invention, but disregarding any application, or the disclosure to the public of matter contained in any application, which is itself to be disregarded for the purposes of section 5(3) above".
§ 15 Clause 6, page 5, line 35, after second "or" insert "international".
1050Lord ORAMMy Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 15 en bloc. I would also ask that the following Amendments be considered with Amendments Nos. 1 to 15: Amendments Nos. 34, 107, 112, 134, 135, 136, 137, 138, 149, 150, 182 and 186. Amendments Nos. 1 and 2 improve the correspondence between Clause 1(3)(a) and Clause 15(2)(b) of the Bill on the one hand, and Article 53(a) of the European Patent Convention on the other hand. The following Amendments are basically drafting Amendments; that is to say, Amendments Nos. 3 to 9 inclusive and Amendments Nos. 13, 15, 29, 134 and 150. Perhaps I should say a brief word about Amendments Nos. 10 and 11. I see that the noble Lord, Lord Belstead, is not anxious for explanations. I do not know whether he wishes to intervene?
§ Lord LLOYD of KILGERRANMy Lords, for my part, I am perfectly willing to say that, so far as I am concerned, very few explanations are necessary in this matter.
Lord ORAMMy Lords, I know that we are anxious to make progress with this vast number of Amendments, and I will keep extremely brief any explanations that I have to make. Regarding Amendment No. 10, reference to the "inventor" throughout subsection (4) should include references to whoever is the proprietor of the invention instead of to the inventor himself. This is because the inventor may never be the proprietor in cases where he is an employee and the invention belongs to his employer. To meet this point, and rather than insert several references to the inventor or other proprietor throughout, these Amendments delete the single such reference and insert a reference of general application to the clause.
Amendment No. 11 probably explains itself. In relation to Amendment No. 12, all I need say in that connection is that this Amendment and associated Amendments derive from an appreciation that Clause 87, which was taken with minor changes directly from Section 68 of the 1949 Act, now serves only one purpose; namely, to enable Convention countries to be defined for Clause 5(4)(b). Amendment No. 14 is important, having regard 1051 to the many times we discussed in your Lordships' House the problem of self-collision. I remember the noble Lord, Lord Belstead, in particular had much to say in this point. Now we have a new clause which replaces Clause 70, and that will be omitted when we come to Amendment No. 107. The new clause is more in accordance with the wording of Article 4(b) of the Paris Convention. I believe it was the noble Lord's anxiety that the Bill as he saw it did not sufficiently accord with Article 4(b) of the Paris Convention, and I hope that he agrees that that has now been achieved. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Oram.)
§ Lord BELSTEADMy Lords, I should like to thank the Government for Amendment No. 14 to which the noble Lord, Lord Oram, referred. Amendment No. 107 will delete what was new Clause 70, which was inserted by my noble friends and myself in the Bill, and instead Amendment No. 14 writes into the Bill another new clause having the effect which the noble Lord explained. I am very relieved to see that written into the Bill. I welcome it and thank the Government for it.
§ On Question, Motion agreed to.