§ Mr. Brandon-Bravoasked the Secretary of State for Trade and Industry whether he has completed his consideration of the Director General of Fair Trading's report on the patent agents' profession; and if he will make a statement.
§ Mr. HowardThe report by the Director General of Fair Trading "Review of Restrictions on the Patent 653W Agents' Profession" was published in September 1986. It recommended that the Government end the exclusive right which patent agents, together with solicitors, have to represent inventors in dealing with the Patent Office, and remove restrictions on the use of the title "patent agent" and on the freedom of patent agents to enter into mixed practices. It also made a number of recommendations relating to the rules of the Chartered Institute of Patent Agents, which the Government have already endorsed and asked the director general to discuss with the Chartered Institute.
Having studied the recommendation for statutory change carefully, and considered representations from the Chartered Institute of Patent Agents and others, the Government have now decided to accept the recommendations concerning the right of representation and mixed practices. It is our intention to include these changes in the legislation implementing the proposals in the White Paper "Intellectual Property and Innovation" (Cmnd. 9712) which will be introduced when the Parliamentary timetable permits. They will, by making it possible for anyone to offer patent agency services, open the profession to greater competition; whilst patent agents will be free to enter into practice with members of other professions to offer a range of protection and exploitation services. We have decided, however, that use of the title "patent agent" should continue to be reserved to qualified patent agents, so as to avoid any risk of the public being misled or the international reputation of the profession being undermined by unrestricted use of the title. This, and the maintenance of a register of patent agents, means that the position of qualified patent agents will continue to be recognised and safeguarded. At the same time, we are, as the director general also recommended, reviewing the present system of register qualifications.