(Convention).

A

BILL

ΤΟ

5

Make such amendments of the Patents and A.D. 1928. Designs Acts, 1907 and 1919, as are necessary to enable effect to be given to a Convention for the Protection of Industrial Property.

WHEREAS a revised convention for the protection

of industrial property was signed on behalf of His Majesty at The Hague on the sixth day of November, nineteen hundred and twenty-five :

And whereas it is expedient to make such amendments in the Patents and Designs Act, 1907, as amended by the Patents and Designs Act, 1919 (which Act as so amended is hereinafter referred to as the principal Act), as may be necessary to enable effect to be given to the 10 said revised convention :

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of 15 the same, as follows:

20

1. For the purpose of substituting references to the Amenddate which a patent would bear, if granted, for references ments of to the date of application for a patent, the following 88. 7, 8 and amendments in the principal Act shall be made :—

66

(1) In subsection (1) of section seven, for the words
published before the date of the application
there shall be substituted the words "published
before the date which the patent applied for

11 of the principal Act.

A.D. 1928.

Amend

ments of

s. 27 of the principal Act.

(Convention).

would bear if granted," and for the words "next before the date of the application," there shall be substituted the words "next before such date":

66

(2) In subsection (1) of section eight, for the words 5
on or after the date of the application and
"deposited pursuant to a prior application
there shall be substituted the words "on or
"after the date which the patent applied for
"would bear if granted and deposited pursuant 10
to an application for a patent which if granted
would be of prior date to the date which the
patent applied for would bear if granted,"
and subsection (3) of the same section shall be
omitted:

66

15

(3) In paragraph (b) of subsection (1) of section
eleven, after the words "the invention has
there shall be inserted the words "prior to the
date which the patent applied for would bear
if granted," and for the words "before the date 20
"of the application for the patent the grant of
"which is being opposed "there shall be sub-
stituted the words "before such date," and
for the words "prior to the application" there
shall be substituted the words "before such 25
date":

(4) In paragraph (bb) of subsection (1) of section
eleven for the words "the date of the applica-
"tion for a patent the grant of which is

66

66

opposed" there shall be substituted the words 30 the date which the patent applied for would bear if granted":

(5) In paragraphs (d) and (e) of subsection (1) of section eleven, after the word " opponent in both places where it occurs there shall be 35 inserted the words "for a patent which if granted would bear a date."

2. The following amendments shall be made in section twenty-seven of the principal Act :

(1) In subsection (1), after the words "at any 40
time," there shall be inserted the words "after
"the expiration of three years from the date of
"the grant of a patent," and for the words " any

(Convention).

5

patent" there shall be substituted the words A.D. 1928. that patent":

66

(2) In paragraph (a) of subsection (2) the words
"at any time after the expiration of four years
from the date of the patent" shall be omitted,
and for the words "the date of the patent
there shall be substituted the words "the grant
of the patent.

3. For section forty-eight of the principal Act, the Special 10 following section shall be substituted :

provisions as to

"48.—(1) Subject to the provisions of this vessels, section, the rights of a patentee shall not be aircraft and deemed to be infringed

(a) by the use on board a foreign vessel of
the patented invention in the body of
the vessel or in the machinery, tackle
apparatus or other accessories thereof,
if the vessel comes into the territorial
jurisdiction waters of the United Kingdom
temporarily or accidentally only, and
the invention is used exclusively for the
actual needs of the vessel :

(b) by the use of the patented invention in the
construction or working of a foreign air-
craft or land vehicle or of the accessories
thereof if the aircraft or vehicle comes
into the United Kingdom temporarily
or accidentally only.

(2) This section shall apply only to vessels,
aircraft, and land vehicles of a foreign state with
respect to which His Majesty by Order in Council
declares that the laws thereof confer corresponding
rights with respect to the use of inventions in
vessels, aircraft and land vehicles of the United
Kingdom when coming into the foreign state or
the territorial waters thereof.

(3) For the purposes of this section

Vessels and aircraft shall be deemed to be vessels and aircraft of the country in which they are registered, and land vehicles shall be deemed to be vehicles of the country within which the owners are ordinarily resident:

land

vehicles.

(Convention).

A.D. 1928.

Amendment

of s. 91 of

principal Act.

Short title,

The Isle of Man shall be deemed to be part of the United Kingdom.

(4) His Majesty may by Order in Council apply this section to vessels, aircraft and land vehicles of a part of His Majesty's dominions 5 outside the United Kingdom in like manner as to vessels, aircraft and land vehicles of a foreign state."

4. In proviso (a) to subsection (1) of section ninetyone of the principal Act, for the words "within four 10 months" there shall be substituted the words "within six months."

5.-(1) This Act may be cited as the Patents and construction Designs (Convention) Act, 1928, and the Patents and and print- Designs Acts, 1907 and 1919, the Patents and Designs 15 Act, 1914, and this Act may be cited together as the Patents and Designs Acts, 1907 to 1928.

ing.

(2) This Act shall apply to patents granted and applications for and specifications relating to patents made and deposited before as well as after the passing of 20 this Act.

(3) Where by this Act any enactments or words are directed to be added to or omitted from the principal Act, or to be substituted for any other enactments or words in the principal Act, copies of the principal Act 25 printed under the authority of His Majesty's Stationery Office after such direction takes effect may be printed with the enactments or words added or omitted or substituted for other enactments or words, as such direction requires, and the principal Act shall be construed as if 30 it had at the time at which such direction takes effect been made with such addition, omission or substitution.

(4) A reference in any Act of Parliament or other instrument to the principal Act shall, unless the context otherwise requires, be construed to refer to the principal 35 Act as amended by this Act.