PATENTS, DESIGNS AND TRADE MARKS.

The discussion on this subject was opened at the Second Meeting, held on the 4th October, 1923. The Conference had before them the memorandum by the Board of Trade, I.E.C. (23)-8, reproduced below.

The Chairman reminded the Conference that the British Empire Patent Conference, 1922, made two recommendations. One was the recommendation of an ideal to be aimed at, i.e., an Imperial Central Patent Office. This would take a long time to establish. The second was the recommendation of a provisional system under which an applicant would be able to apply for a patent at the Patent Office in Great Britain and to obtain, on that application, the registration of his patent both in Great Britain and throughout the Empire, subject to this that, on notice of the application for registration being sent to a local Patent Office, it would be open to objection either by the Comptroller of that Patent Office or by local objectors.

It was agreed to set up a Committee to consider and report to the Conference on Imperial co-operation with reference to Patents, Designs and Trade Marks. The Report of this Committee (see page 434) was discussed at the Seventeenth Meeting of the Conference, held on the 1st November, 1923, and the following Resolution was adopted :

"This Imperial Economic Conference have given careful consideration to the Provisional Scheme recommended in the Report of the British Patent Conference, 1922, and they are of opinion that, apart from one or two details which might receive further consideration by correspondence between the heads of the Patent Offices, the Provisional Scheme is a practicable one, and promises considerable advantages to British inventors throughout the Empire; but in view of the difficulties felt by the Dominion of Canada as regards the absence of any provision for reciprocal registration of Dominion patents, the Conference feel unable to make any recommendation so far as the Self-Governing Dominions and India are concerned.

"The Conference, however, unanimously agree that it is very desirable that the Provisional Scheme should be adopted by the Colonies and Protectorates, and that considerable benefits would thereby be derived by inventors throughout the Empire."

IMPERIAL CO-OPERATION WITH RESPECT TO PATENTS,
DESIGNS AND TRADE MARKS.

Memorandum by the Board of Trade (I.E.C. (23)-8).
1.-EMPIRE PATENTS.

A copy of the Report of the British Empire Patent Conference 1922, is circulated herewith.*

It shows what action was taken to

Not reproduced.

carry out the Resolution of the Imperial Conference of 1921 endorsing the following proposal of a special Committee:

"The Committee recommends that a conference of representatives of the Patent Offices of His Majesty's Dominions shall be held in London at an early date to consider the practicability of instituting a system of granting patents which should be valid throughout the British Empire."

The definitive recommendations of the Report were as follows:(a.) The existing rights of the United Kingdom, the selfgoverning Dominions, and India to grant patents in accordance with their laws and within their own territories to be maintained in full.

(b.) The establishment of a Central Patent Office for the reception and examination of applications for, and the grant of, patents which shall extend to the United Kingdom, or to any of the self-governing Dominions, or to India, upon registration in the particular territory in which protection is desired. The application for registration to be open to opposition before registration is actually effected. (c.) The Central Patent Office, in examining applications submitted to it, to make a search coextensive with the field at present covered by the searches now made in the United Kingdom, the self-governing Dominions and India collectively.

(d.) The scheme suggested above to be equally applicable to all the Colonies and Protectorates, subject to the qualification that the application for registration shall not be open to opposition unless the existing law makes provision for the hearing of opposition to the grant of patents, but in any case the local Courts to be empowered to declare that an exclusive privilege has not been secured in the territories within their jurisdiction.

(e.) The fees for registration to be of such amount as would result in a considerable reduction in the total cost of obtaining patents throughout the Empire at the present time.

While the Conference accepted the above scheme as that which would have the greatest chance of success and acceptance throughout the Empire, the Delegates felt that in view of the difficulty of equipping a Central Office with all the necessary material for the extended examination and of the time and expense which would necessarily be involved, it would be desirable to consider the possibility of some provisional scheme, which might be put into force until such time as the "preferred" scheme became capable of realisation.

This proposal was adopted and the Provisional Scheme as drafted and accepted is as follows:

(a.) Existing rights of the United Kingdom, self-governing Dominions and India to grant patents in accordance with their laws and within their own territory to be maintained. in full.

(b.) The patent obtained by examination and grant in the United Kingdom Patent Office to extend to any of the selfgoverning Dominions or to India upon registration in the particular territory in which protection is desired; the application for registration to be open to opposition, and to any lawful objection which the head of the Patent Office where registration is applied for may think fit to raise, before registration is actually effected.

(c.) The scheme suggested above to be applicable to any of the Colonies and Protectorates with such modifications as may

be suitable to local requirements and administrative machinery.

Copies of the Report have been submitted to the Governments of the Dominions and India, with a view to the adoption of the Provisional Scheme recommended. Up to the present the following replies have been received:

It is suggested that the Imperial Economic Conference should further consider the Report of the Patent Conference, 1922, with a view to general agreement as to the adoption of the Provisional Scheme.

* In the case of Malta, the scheme which they are prepared to adopt is that outlined for the Dominions and India.

2. DESIGNS AND TRADE MARKS.

As regards Imperial registration of designs and trade marks, it is thought premature to make any definite suggestions until it is seen whether the proposals with regard to patents meet with general approval, especially as in some parts of the Empire there is at present no system of domestic registration of trade marks.

If, however, it is found possible to adopt the Provisional Scheme for the Imperial grant of patents a resolution might be proposed urging the various Governments to proceed to consider the possibility of a scheme of Imperial registration of designs and trade marks.

April 1923.

Supplementary Memorandum by the Board of Trade

(I.E. (Pat.) 2).

With reference to the Memorandum by the Board of Trade on Empire Patents circulated as Paper I.E.C. (23)-8, it is notified for the information of the Committee that the following additional replies relative to the adoption of the Provisional Scheme have been received :

The terms of reference of the Committee were to consider and report to the Imperial Economic Conference on the questions arising under paragraph 4 (E) of the draft agenda, viz., Imperial

Co-operation with reference to Patents, Designs and Trade Marks.
The Committee was constituted as follows:-

Mr. W. Temple Franks, C.B., Comptroller-General of Patents,
Designs and Trade Marks;

Dr. O. D. Skelton, M.A., Ph.D., Canada;

Sir Robert Garran, K.C.M.G., Solicitor-General, Commonwealth
of Australia;

The Hon. Sir James Allen, K.C.B., High Commissioner for
New Zealand;

The Hon. N. J. de Wet, K.C., Minister of Justice, Union of
South Africa;

Mr. E. J. Riordan, Secretary to the Trade and Shipping
Department, Ministry of Industry and Commerce, Irish
Free State;

The Hon. Sir Marmaduke Winter, C.B.E., Minister without
Portfolio, Newfoundland (assisted by The Hon. Sir P.
McGrath, K.B.E., and Capt. V. Gordon, Acting High Com-
missioner for Newfoundland);

Sir E. M. Cook, C.S.I., C.I.E., India;

Mr. L. R. Lumley, M.P., Colonies and Protectorates.

Mr. B. G. Crewe, Patent Office, and Mr. G. F. Ainsworth, Commonwealth of Australia Delegation, acted as joint secretaries to the Committee.

REPORT.

To the Chairman of the Imperial Economic Conference, 1923.
Sir,

I have the honour to report that the Patents Committee appointed by resolution of the Imperial Economic Conference has held three meetings, on the 11th, 18th and 23rd October, 1923. The second meeting was devoted to a visit to the United Kingdom Patent Office and an investigation of the procedure and practice there adopted in connection with applications for patents; with special reference to the examination for novelty.

I. PATENTS.

Discussions.

The deliberations of the Committee were limited to the question of the acceptance by the Dominions and India of the Provisional Scheme recommended in the Report of the British Empire Patent Conference, 1922. Copies of this Report had previously been submitted to the Governments of the Dominions and India and of the Colonies and Protectorates with a view to the adoption of the Provisional Scheme; and a summary of the replies received was circulated to the Committee. (See Papers I.E.C. (23)-8 and I.E. (Pat.) 2.)*

* See pages 432-433.