§ 104 Clause 69, page 63, line 18, at end insert "by order".
§ 105 Clause 69, page 63, line 22, leave out from "person" to end of line 24 and insert who was not the only person entitled under section 6(2) above to be granted that patent or to two or more persons who were not the only persons so entitled; "
§ 106 Clause 69, page 63, line 31, leave out "14(4) or 34(4) above" and insert "or 34(4) above or as mentioned in section 14(4) above".
1071§ 107 Clause 70, leave out Clause 70.
§ 108 Clause 71, page 65, line 12, after "initiative" insert by order ".
§
109 Clause 72, page 66, line 14, leave out subsection (4) and insert—
(4) No determination shall be made in any proceedings mentioned in subsection (1) above on the validity of a patent which any person puts in issue on the ground mentioned in section 69(1)(b) above unless—
- (a) it has been determined in entitlement proceedings commenced by that person or in the proceedings in which the validity of the patent is in issue that the patent should have been granted to him and not some other person; and
- (b) except where it has been so determined in entitlement proceedings, the proceedings in which the validity of the patent is in issue are commenced before the end of the period of two years beginning with the date of the grant of the patent or it is shown that any person registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to hint that he was not entitled to the patent.
(4A) Where the validity of a patent is put in issue by way of defence or counterclaim the court or the comptroller shall, if it or he thinks it just to do so, give the defendant an opportunity to comply with the condition in subsection (4)(a) above.
(4B) In subsection (4) above entitlement proceedings, in relation to a patent, means a reference under section 34(1)(a) above on the ground that the patent was granted to a person not entitled to it or proceedings for a declaration or declarator that it was so granted.
§ 110 Clause 74, page 67, line 19, leave out "14(4) or 34(4) above" and insert "or 34(4) above or as mentioned in section 14(4) above".
Lord ORAMMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 104 to 110 en bloc. The drafting Amendments are Nos. 104, 105, 106, 108 and 110. We have already dealt with Amendment No. 107 when dealing with No. 14. The purpose of Amendment No. 109 is to make it clear that validity may only be put in issue under Clause 72(4) by the person who is rightfully entitled to the patent. 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.