New Clause 1 - Compulsory binding technical arbitration for new and existing patents

Part of Patents Bill – in a Public Bill Committee at 3:00 pm on 15th June 2004.

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'(1) In section 14(2) of the 1977 Act, after paragraph (c) there is inserted—

''(d) an agreement that in the event of a dispute arising regarding infringement after any grant the matter shall be referred to technical arbitration before an independent expert or panel of experts from the appropriate field of invention approved by the comptroller;''

(2) In section 61(1) of that Act, after ''this Act'' there is inserted ''infringement must be determined by technical arbitration by an independent expert or panel of experts from the appropriate field of invention approved by the comptroller as defined in section 14(2)(d) and a determination report will be made available for public inspection; and should an alleged infringer fail to participate in technical arbitration as defined, then infringement will automatically be determined in favour of the proprietor of the patent and any subsequent civil court procedures are subject to section 106 (1); following the determination of infringement or otherwise by technical arbitration,''.

(3) In section 61(1) of that Act, after ''a patent'' there is inserted ''subject to section 106(1) below.''.

(4) In section 61(5) of that Act, after ''dtermined by'' there is inserted ''technical arbitration as defined in section 14(2)(d) he may decline to deal with it and the independent expert or panel of experts from the appropriate field of invention approved by the comptroller'' and ''the court, he may decline to deal with it and the court'' is omitted.

(5) In section 70(1) of that Act, after ''(4) below,'' there is inserted ''have the question of infringement determined by an independent expert or panel of experts from the appropriate field of invention approved by the comptroller,'' and ''bring proceedings in the court against the person making the threats,'' is omitted.

(6) In section 70(2) of that Act, after ''satisfies the'', there is inserted ''independent expert or panel of experts'' and ''court'' is omitted.

(7) In section 71(1) of that Act, after ''be made by the'', there is inserted ''independent expert or panel of experts from the appropriate field of invention approved by'' and ''court or'' is omitted.

(8) In section 71(2) of that Act after ''made by the'', there is inserted ''independent expert or panel of experts'' and ''comptroller'' is omitted.'.