Intellectual Property Bill [HL]

Amendment
to be moved
in grand committee

[Supplementary to the Second Marshalled List]

Clause 17

LORD STEVENSON OF BALMACARA

LORD YOUNG OF NORWOOD GREEN

25E*

Page 16, line 36, leave out from beginning to end of line 2 on page 17 and insert—

(3A)   No information shall be sent to a patent office outside the United
Kingdom (“the other office”) in reliance on subsection (3)(aa) unless
the other office provides the application number of a UK patent
application and the application number of a patent application
being examined by the other office which claims priority from the
UK patent application; and no such request shall be acted on before
one year from the filing date of the UK application.

(3B)   Any information sent to the other patent office must be limited to
information on search or examination carried out on the UK
application.

(3C)   Information shall not be sent to the other office unless working
arrangements have been agreed between the comptroller and the
other office, including provision for ensuring that the
confidentiality of the information sent to the other office is
protected.

(3D)   The applicant for a UK application for which a request for
information has been made by another office shall be informed of
the request and of the information sent to the other office.

(3E)   Information shall not be sent to another office in reliance on
subsection (3)(aa) unless that other office is an organisation which
carries out, in relation to patents, functions of the kind carried out
by the patent office and which is on an approved list, which may be
varied from time to time by statutory instrument.””

Prepared 13th June 2013