HL Deb 27 July 1977 vol 386 cc1067-8

85 Clause 54, page 52, line 6, leave out "knows" and insert "has been informed".

86 Clause 55, page 53, line 12, at end insert— (3A) In determining whether or not to grant any relief under this section and the nature and extent of the relief granted the court shall, subject to the following provisions of this section, apply the principles applied by the court immediately before the appointed day to the granting of relief under section 48 of the 1949 Act. (3B) On a reference under this section the court may refuse to grant relief by way of compensation in respect of the use of an invention for the services of the Crown during any further period specified under section 22(4) above, but before the payment of the renewal fee and any additional fee prescribed for the purposes of that section. (3C) Where an amendment of the specification of a patent has been allowed under any of the provisions of this Act, the court shall not grant relief by way of compensation under this section in respect of any such use before the decision to allow the amendment unless the court is satisfied that the specification of the patent as published was framed in good faith and with reasonable skill and knowledge.

87 Clause 55, page 53, line 33, at end insert— (6A) In considering the amount of any compensation for the use of an invention for the services of the Crown after publication of an application for a patent for the invention and before such a patent is granted, the court shall consider whether or not it would have been reasonable to expect, from a consideration of the application as published under section 15 above, that a patent would be granted conferring on the proprietor of the patent protection from an act of the same description as that found to constitute that use, and if the court finds that it would not have been reasonable, it shall reduce the compensation to such amount as it thinks just.

88 Clause 55, page 53, line 37, after "patent" insert "(the new proprietor or licensee)",

89 Clause 55, page 53, line 39, leave out "that person" and insert "the new proprietor or licensee".

Lord ORAM

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 85 to 89 en bloc. Amendments Nos. 88 and 89 are drafting Amendments. Amendment No. 85, which relates to Clause 57(8). specifies that, where there is an exclusive licensee, any determination by the court of an amount of payment in respect of Crown user of the invention shall be of no effect unless the licensee knows of the reference to the court and is given an opportunity to be heard. Proof of knowledge may, however, be difficult to establish. Proof of notification, on the other hand, should always be possible, if it has in fact taken place. The Amendment therefore requires that the licensee should have been informed as opposed to knowing of the reference.

In relation to Amendments Nos. 86 and 87, these two Amendments make provision in relation to the Crown use of patented inventions analogous to certain provisions governing infringement of patent. In other words, although use of a patented invention for the services of the Crown does not constitute infringement, there is parallelism between Crown use and infringement that makes it appropriate to make both subject to the same provisions, mutatis mutondis.

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

On Question, Motion agreed to.

6.59 p.m.