HL Deb 02 November 1988 vol 501 cc379-80

386 Schedule 5, page 183, line 2, after 'payable' insert 'to the Patent Office'.

387 Page 183, line 6, after 'payable' insert 'to the Patent Office'.

388 Page 183, line 8, at end insert—

'Power of Court of Session to order report.

99B.—(1) In any proceedings before the Court of Session under this Act the court may, either of its own volition or on the application of any party, order the Patent Office to inquire into and report on any question of fact or opinion.

(2) Where the court makes an order under subsection (1) above of its own volition the fee payable to the Patent Office shall be at such rate as may be determined by the Lord President of the Court of Session with the consent of the Treasury and shall be defrayed out of monies provided by Parliament.

(3) Where the court makes an order under subsection (1) above on the application of a party, the fee payable to the Patent Office shall be at such rate as may be provided for in rules of court and shall be treated as expenses in the cause.'.

389 Page 184, line 5, at end insert—

'Power to extend time limits.

19A. In section 123 of the Patents Act 1977 (rules), after subsection (3) insert—

"(3A) It is hereby declared that rules—

  1. (a) authorising the rectification of irregularities of procedure, or
  2. (b) providing for the alteration of any period of time,
may authorise the comptroller to extend or further extend any period notwithstanding that the period has already expired".'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 386 to 389 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 386 to 389 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.