HL Deb 27 July 1977 vol 386 cc1073-5

115 Clause 76, page 70, line 17, leave out subsection (5)

116 Clause 76, page 70, line 26, at end insert— (6A) Where between those subsections ceasing to apply to any such application and the re-establishment of the rights of the applicant a person begins in good faith to do an act which would, apart from section 52 above, constitute an infringement of the application if those subsections then applied, or makes in good faith effective and serious preparations to do such an act, he shall have the rights conferred by section 25(6) above, and section 25(8) and (9) above shall apply to the exercise of any such right accordingly.

117 Clause 78, page 71, line 36, leave out "or 77"

118 Page 72, line 4, leave out "or 53"

119 Page 72, line 8, leave out "either of those sections" and insert "that section"

120 Page 72, line 24, after "would" insert "(apart from section 52 above)"

121 Page 72, line 27, leave out "subsections (8) and (9) of that section" and insert "section 25(8) and (9) above"

122 Clause 79, page 73, line 13, leave out "his" and insert "the"

123 Clause 80, page 74, line 31, leave out one "and insert" either "

124 Clause 82, page 76, line 32, leave out from "unless" to end of line 34 and insert "permitted to do so under the European Patent Convention."

125 After Clause 82 insert the following new clause:—

European patent attorneys.

.—(1) For the avoidance of doubt, it is hereby declared that any person whose name appears on the European list shall not be guilty of an offence under section 21 of the Solicitors Act 1974 or Article 22 of the Solicitors (Northern Ireland) Order 1976 by reason only of his describing himself as a European patent attorney.

(2) A person whose name appears on the European list shall not be guilty of an offence under any of the enactments mentioned in subsection (3) below by reason only of the preparation by him of any document (other than a deed) for use in proceedings before the comptroller under this Act, in relation to a European patent or application for such a patent.

(3) The enactments referred to in subsection (2) above (which prohibit the preparation for reward of certain instruments or writs by persons not legally qualified) are—

  1. (a) section 22 of the Solicitors Act 1974;
  2. (b) section 39 of the Solicitors (Scotland) Act 1933; and
  3. (c) Article 23 of the Solicitors (Northern Ireland) Order 1976.

(4) In this section "the European list" means the list of professional representatives maintained by the European Patent Office in pursuance of the European Patent Convention.

126 Clause 83, page 77, line 32, after "Sections" insert "11,71(2)"

127 Clause 84, page 78, line 7, leave out from "court" to end of line 10 and insert "does not include"

128 line 11, leave out "one" and insert "any"

129 Clause 86, page 79, line 9, leave out "while this subsection applies" and insert "until this subsection ceases to apply"

130 line 22, at end insert— (cc) where a period of time relevant to priority is extended under the Treaty, the period of twelve months specified in section 5(2) above shall be treated as altered correspondingly;

131 line 29, leave out "while subsection (1) above applies" and insert "until subsection (1) above ceases to apply"

132 Page 80, line 8, at end insert— (5A) Before the relevant conditions are satisfied, subsection (1) above shall not operate so as to secure that an international application for a patent (UK) is to be treated for the purposes of section 7 above as an application for a patent under this Act and shall not affect the application of section 11 above to an invention for which an international application of a patent is made or proposed to be made, but when the relevant conditions are satisfied the international application shall be so treated and accordingly section 11 above shall not apply to it.

133 Page 81, line 11, at end insert "or which contains an indication that the applicant wishes to obtain a European Patent (UK)."

7.5 p.m.

Lord ORAM

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 115 to 133 en bloc, and take into consideration also Amendments Nos. 140, 154, 155, 159, 185, 233 and 234. Of this group the purely drafting Amendments are 115, 118, 119, 120, 121, 122, 123, 126, 129, 130 and 131. Another group of Amendments, beginning with No. 127, inserts a general definition of the words "relevant convention court" into Clause 124, which is the Interpretation Clause. Amendment 117 leaves out a potentially misleading reference in Clause 78(2).

The noble Lord, Lord Belstead, will recall Amendment 124, because at Third Reading he expressed concern that the Bill, as then proposed to be amended, would permit foreign owned companies to hold themselves out as carrying on European business when the issue as to whether they should be so permitted had not yet been resolved by the European Patent Office. He suggested a form of words very close to that which this Amendment would now substitute. The Government are pleased to accept his point and this Amendment is the result. I beg to move that this House doth agree with the Commons in their Amendments.

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

On Question, Motion agreed to.