HL Deb 27 July 1977 vol 386 cc1062-3

47 Clause 27, page 22, line 25, leave out "any such patent or application or a share" and insert "a patent or any such application or a share in"

48 Clause 28, page 22, line 37, at end insert— (2A) Any patent or any such application, or any right in it, may be assigned and security may be granted over a patent or any such application or right.

49 Clause 28, page 22, line 43, at end insert and any such licence or sub-licence may be assigned and security may be granted over it."

50 Clause 28, page 22, Page 23, line 1, leave out subsection (5).

51 Clause 28, page 22, Page 24, line 5, leave out subsection (4).

52Clause 30, page 24, line 10, leave out from beginning to end of line 10 on page 25 and insert—

" .—(1) Any person who claims to have acquired the property in a patent or application for a patent by virtue of any transaction, instrument or event to which this section applies shall be entitled as against any other person who claims to have acquired that property by virtue of an earlier transaction, instrument or event to which this secton applies if, at the time of the later transaction, instrument or event—

  1. (a) the earlier transaction, instrument or event was not registered, or
  2. (b) in the case of any application which has not been published, notice of the earlier transaction, instrument or event had not been given to the comptroller, and
  3. (c) in any case, the person claiming under the later transaction, instrument or event, did not know of the earlier transaction, instrument or event.

(2) Subsection (1) above shall apply equally to the case where any person claims to have acquired any right in or under a patent or application for a patent, by virtue of a transaction, instrument or event to which this section applies and that right is incompatible with any such right acquired by virtue of an earlier transaction, instrument or event to which this section applies."

53 Page 25, leave out lines 34 and 35.

54 Page 25, line 36, leave out subsection (5) and insert— (5) Where an application for the registration of a transaction, instrument or event has been made, but the transaction, instrument or event has not been registered then, for the purposes of subsection (1)(a) above, registration of the application shall be treated as registration of the transaction, instrument or event.

55 Clause 32 page 26, line 21, at beginning insert" Each of the following, that is to say—(a)"

56 Clause 32 page 26, line 23, leave out "or an extract from the register or any such document" and insert—

  1. " (b) a document reproducing in legible form an entry made in the register otherwise than in legible form; or
  2. (c) an extract from the register or of any document mentioned in paragraph (a) or (b) above; "

57 Clause 32 page 26, line 39, after "subsection" insert "and section 52 below"

58 Clause 34, page 29, line 4, after "or" insert ",as the case may be"

59 Clause 34, page 29, line 12, after "under" insert "subsection"

60 Clause 35, page 29, line 37, leave out from "by" to "to" in line 39 and insert "the old proprietor or proprietors shall, subject to section 30 above and"

61 Page 30, line 11, leave out from "proprietors" to "or" in line 13.

62 Page 30, line 21, leave out "the patent or".

6.48 p.m.

Lord ORAM

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 47 to 62 en bloc, and I suggest that we should also take into account Amendments Nos. 139 and 184. A good number of these Amendments are of a minor drafting character, particularly Nos. 47 to 50 inclusive, 53, 58, 59, 61 and 62. Amendments Nos. 51, 55 and 56 make provision for documents which reproduce in legible form entries made in the register, otherwise than in legible form, to be admitted in evidence in any court if certified by the comptroller and sealed with the seal of the Patent Office. Amendments Nos. 52 and 54 are concerned with Clause 30, which deals with the effect of registering transactions, instruments or events of the kind specified in subsection (4) of the clause. The aim is to encourage registration as soon as possible after the transaction has been entered into, the instrument has been executed or the event has occurred. I hope that is a sufficient explanation of this group of Amendments. I beg to move.

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

On Question, Motion agreed to.