New Clause 2 - Two patent grant system

Part of Patents Bill – in a Public Bill Committee at 3:30 pm on 15 June 2004.

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'(1) After section 17(7) of the 1977 Act there is inserted—

''(8) If the patent application has satisfied all the conditions of the preliminary search and any supplemental search, the comptroller will issue a preliminary patent.

(9) On issue of a preliminary patent, the comptroller will also issue an option for a substantive examination which shall remain valid for a period of three years from the date of grant of the preliminary patent.

(10) In the event that the inventor or joint inventors as described in section 7 subsection (2) above exercise their rights under subsection (9) above within 30 days of the grant of the preliminary patent, a substantive examination will take place without undue delay.

(11) Neither the Secretary of State nor any officer—

(a) shall be taken to warrant the validity of any preliminary patent granted under this Act or any treaty or international convention to which the United Kingdom is a party; or

(b) shall incur any liability by reason of or in connection with any preliminary examination or investigation required or authorised by this Act or any such treaty or convention, or any report or other proceedings consequent on any such preliminary examination or investigation.''.'.

(2) Section 116 of that Act is omitted.

(3) In section 18(2) of that Act, after ''view of'' there is inserted ''the state of the art and''.

(4) In section 18 of that Act in subsection (4) after ''him a'' insert ''full''.'.—[Malcolm Bruce.]

Brought up, and read the First time.