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Clause 10—(Patents Of Addition)

Volume 467: debated on Friday 22 July 1949

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I beg to move, in page 7, line 19, to leave out "any embodiment of."

Perhaps it might be convenient if with this Amendment we also considered the next three Amendments, which are little more than drafting Amendments. The lines which we suggest should be amended were in an Amendment which was accepted in Committee by the Government. Second thoughts have shown that there may be matters described in the main patent which are not an embodiment and, which as the Clause stands, could be used as a ground of attack on a patent of addition. The clear intention of the Swan Committee was to prevent anything described in the main patent from being used in a trial of patent for additional invention.

We are grateful to the right hon. and learned Gentleman and his hon. Friends for having put down these Amendments, which we are happy to accept.

Amendment agreed to.

Further Amendments made: In page 7, line 21, leave out "any embodiment of."

In line 21, leave out second "of," and insert "in."

In line 22, leave out first "in," and insert "of."—[ Sir D. Maxwell Fyfe.]