§ 75. Mr. K. Robinson
asked the President of the Board of Trade if he will take steps to expedite decisions on applications for compulsory licences under Section 41 of the Patents Act, 1949, and in particular to limit delay, now normally extending to more than a year, between filing of application and hearing, since such delays tend to frustrate the purposes of this section.
§ Mr. D. Price
If an application for a compulsory licence is opposed it must proceed to a formal hearing. Before a hearing is appointed both parties submit written evidence and each party is allowed to reply in writing to the other's submission. This inevitably takes time, but the Patent Office do everything possible to avoid delay, subject to the need to give the parties adequate opportunity to put their case.
§ Mr. Thorpe
asked the President of the Board of Trade how many applications for the issue of compulsory licences have been made under Section 41 of the Patents Act, 1949, in the last 10 years; how many of these have been successful; and in such cases what has been the average period between the lodging of the application and its subsequent grant.
§ Mr. Erroll
In the last ten years nineteen applications for compulsory licences under Section 41 of the Patents Act, 1949, have been made. Of these, thirteen were not proceeded with. The other six, having been opposed, are being prepared for a formal hearing between the parties. The earliest was made in August, 1961.