HL Deb 02 November 1988 vol 501 cc347-8

255 Clause 257, page 112, line 42, at end insert— '(4A) Where this section would be contravened by the use of the words "patent agent" or "patent attorney" in reference to an individual, partnership or body corporate, it is equally contravened by the use of other expressions in reference to that person, or his business or place of business, which are likely to be understood as indicating that he is entitled to be described as a "patent agent" or "patent attorney".'.

256 Page 112, line 43, leave out subsection (5).

257 Page 112, line 49, at end insert—

'(7) This section has effect subject to—

  1. (a) section 258 (persons entitled to describe themselves as European patent attorneys, &c.), and
  2. (b) section (Use of the term "patent attorney": supplementary provisions.) (1) (use of term "patent attorney" in reference to solicitors).'.

258 Clause 258, page 113, line 8, leave out 'in the course of a business'.

259 Page 113, line 16, leave out 'in the course of a business'.

260 Page 113, line 24, leave out 'in the course of a business'.

261 Page 113, line 27, at end insert— '(4A) Where the term "European patent attorney" or "European patent agent" may, in accordance with this section, be used in reference to an individual, partnership or body corporate, it is equally permissible to use other expressions in reference to that person, or to his business or place of business, which are likely to be understood, as indicating that he is entitled to be described as a "European patent attorney" or "European patent agent".'.

262 Page 113, line 28, leave out subsection (5).

263 After Clause 258 insert the following new clause:

'Use of the term "patent attorney": supplementary provisions

—(1) The term "patent attorney" may be used in reference to a solicitor, and a firm of solicitors may be described as a firm of "patent attorneys", without any contravention of section 257.

(2) No offence is committed under the enactments restricting the use of certain expressions in reference to persons not qualified to act as solicitors—

  1. (a) by the use of the term "patent attorney" in reference to a registered patent agent, or
  2. (b) by the use of the term "European patent attorney" in reference to a person on the European list.

(3) The enactments referred to in subsection (2) are section 21 of the Solicitors Act 1974, section 31 of the Solicitors (Scotland) Act 1980 and Article 22 of the Solicitors (Northern Ireland) Order 1976.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 255 to 263 en bloc.

All these amendments concern the provisions in the Bill on patent agents, and in particular the reserved titles of patent agent and patent attorney.

In its present form Clause 257 only prohibits the unqualified from using the actual words "patent agent" and "patent attorney". Amendments Nos. 255 and 261 will avoid the possibility of the unqualified using other expressions which while not specifically prohibited are clearly suggestive of one of the prohibited titles and could therefore mislead.

Amendments Nos. 256, 257, 262 and 263 concern the title "patent attorney". This expression is essentially an American and European expression which is not in general use in the UK except as part of the expression "European Patent Attorney". I understand, however, that solicitors who specialise in patent matters but who are not registered patent agents use the title "patent attorney" on occasions, especially when dealing with overseas clients. Under Clause 257 as it presently stands this would not be allowed. On the other hand, qualified patent agents tend not to use the title because of fears that this may contravene the Solicitors Acts which make it an offence for an unqualified person to pretend to be a solicitor.

The result of all this is that neither solicitors nor qualified patent agents would feel free to use the title "patent attorney", whereas the sensible conclusion would be to allow both professions to use the title. Consultations were undertaken with the professional bodies involved and both the professions agreed that this was desirable. The amendments make the necessary provisions.

Finally, Amendments Nos. 258 to 260 remove the words "in the course of a business" from Clause 258. This is because those words are unnecessary. Clause 258 provides that those who satisfy certain conditions may, "in the course of a business", refer to themselves as "European patent attorneys" or "European patent agents" without contravening Clause 257. Obviously if these people may use the restricted titles in the course of a business, they may also use them in other circumstances. The words are therefore unnecessary.

Moved, That the House do agree with the Commons in their Amendments Nos. 255 to 263 en bloc.—(Lord Strathclyde.)

11.30 p.m.

Lord Williams of Elvel

My Lords, I wonder whether the noble Lord could give us some examples of the other expressions which he has in mind referring to persons which are likely to be understood to indicate that he is entitled to be described as a patent agent or patent attorney. Could he also tell us whether this contravention applies to third parties who may innocently or otherwise refer to people by any of the expressions that he is about to recite to us?

Lord Strathclyde

My Lords, another example is patent agency. The answer to the second part of the noble Lord's question is no.

On Question, Motion agreed to.