Appendix C
Letter from the Clerk of the Committee to Intellect[135]
Proposal for the Regulatory Reform (Patents) Order
2004
As you may know, the Government's proposal for the
Regulatory Reform (Patents) Order was laid before Parliament on
10 November. I enclose a copy of the proposal, which is in the
form of a draft Order, and its accompanying explanatory statement.
The House of Commons Regulatory Reform Committee
is charged with scrutinising the proposal and reporting its opinion
to the House. It is required by the terms of its standing order
to assess the proposal against fourteen criteria. Among these
is an assessment of whether the Patent Office, in drawing up the
proposal, has taken appropriate account of adequate consultation.
Copies of all responses to the Office's consultation on the proposal,
undertaken between February and May 2003, have been made available
to the Committee.
The Committee considered the proposal at its meeting
last week. Before proceeding to a report, it has decided to seek
further information on certain aspects of the proposal. The Committee
noted in particular the reservations expressed by Intellect, the
Society of British Aerospace Companies and the Defence Manufacturers
Association concerning the proposed amendments to sections 22
and 23 of the Patents Act 1977 as set out in the consultation.
These amendments would establish a new regime for dealing with
patent applications containing information, the publication of
which might be prejudicial to national security.
The Patent Office states that it has attempted to
address the concerns which consultees have raised. The original
proposal on which the Office consulted has been amended. The changes
are summarised in the explanatory statement at paragraphs 9.01.to
9.03.
The Committee is keen to establish whether these
amendments are sufficient to maintain the necessary protection
in the existing law, and whether they have adequately taken into
account the reservations which the organisations you represent
have expressed.
The Committee would therefore welcome a response
setting out the views of Intellect, the Society of British Aerospace
Companies and the Defence Manufacturers Association on the two
points outlined above.
It would be very helpful to the Committee to receive
a response as soon as possible, and preferably not later than
Monday 5 January. Could you please ensure that you copy
any response to the Clerk of the House of Lords Committee on Delegated
Powers and Regulatory Reform.
12 December 2003
135 The Clerk wrote in similar terms to BP International
plc, the Trade Marks, Patents and Designs Federation and the Chartered
Institute of Patent Agents. Back
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