§ 41 Clause 22, page 18, line 42, leave out from beginning to "paid" in line 2 on page 19 and insert "if during the period of six months immediately following the end of the prescribed period the renewal fee and any prescribed additional fee are."
§
42 Page 19, line 12, at end insert—
(5) Rules shall include provision requiring the comptroller to notify the registered proprietor of a patent that a renewal fee has not been received from him in the Patent Office before the end of the prescribed period and before the framing of the notification ".
§
43 Clause 25, page 20, line 11, leave out from first "period" to "not" in line 13 and insert" or that that fee and any prescribed additional fee were paid within the six months immediately following the end of that period, and
(b) those fees were
§ 44 Clause 25, line 24, at end insert "the end of the period of six months beginning with"
§
45 Clause 25, line 26, after "section ", insert—
(a) a person continued to do or did again an act which would have constituted an infringement of the patent if it had not expired and which he first did before the end of that period,
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that act shall constitute such an infringement; or
(b)
§ 46 Clause 25, line 30, leave out "but subject to section 22(4)(b) above".
Lord ORAMMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 41 to 46 en bloc. The purpose of Amendment No. 41 is to do away with the reference to a "request" to the comptroller for an extension of time in which to pay a renewal fee. Amendment No. 42 is intended to allay fears felt by patent agents, in particular, that without some specific provision in the Bill requiring the comptroller to issue reminders when renewal fees on patents were due, the Patent Office's practice of issuing such reminders could be discontinued unilaterally, so to speak. In fact, the intention is to continue to issue reminders, but I appreciate the desire for a safeguard on this point and the Amendment places on the comptroller a statutory obligation to issue reminders.
Amendment No. 43 amends Clause 28(3)(a), which at present refers to the period allowed under section 25(4) above ". This is erroneous, and the Amendment puts that right. Amendments Nos. 44, 45 and 46, which are linked, concern Clause 25 which has to do with the restoration of patents that have lapsed through non-payment of renewal fees, and subsection (5) provides that a person who in good faith begins to "infringe" a patent after it has lapsed but before an application for its restoration was made, may continue the act in question. My Lords, I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Oram.)
§ Lord LYELLMy Lords, if I may say a word in reference to Amendment No. 42, I think that the noble Lord was looking in the direction of my noble friend Lord Belstead and myself in relation to the safeguard as to the issue of reminders to pay renewal fees. It is very gratifying that he and the Government have taken notice of the legitimate fears expressed by all practitioners in regard to the maintenance of patents. We are very grateful to the Government.
§ On Question, Motion agreed to.