My Lords, Amendment 25 would place a requirement on businesses to provide the complete trade designation of the product, alongside the product’s associated patent numbers, on their websites. It is helpful that my noble friend has raised this issue, as it will allow me to set out some more information about how the Government are expecting the marking of products with the web address to work.
The Bill aims to reduce burdens on patent holders by modernising the ways in which they can provide public notice of their patent rights. Allowing patent owners to mark their patented product with a web address will lead to cost savings for business while making it easier for the public to access up-to-date patent information. Under current UK legislation if, in the event that a patent is infringed, a patent holder wishes to be in with the best chance of being awarded damages or other financial remedies, it must mark its product with the word “patent” or “patented”, together with the number of the patent. It is, therefore, in a patent holder’s interest to ensure that it is straightforward for the public to ascertain which patent or patents apply to a particular product. Doing so will ensure that the public is put on notice about the patent rights, making others think twice before infringing that patent.
Clause 14 requires that, if an internet link is used, it must direct the reader to a web page which clearly associates the product with the number of the patent concerned, as is the case under United States patent law. This means that providing an internet link to the home page of a company website will not suffice unless on that home page there is a clear association between the product and the relevant patent number. It also means that the product must be clearly identified and associated with the relevant patent.
Just to be frivolous, I suspect that noble Lords’ mobile phones are switched off; I hope that they are. However, if you were to take them apart you may find—if the manufacturer operates in the United States—a website address with the patent details is provided. I particularly noted that it appears on my battery. Many hundreds of patents are likely to be associated with a single mobile phone, and listing them on a web page rather than on the mobile phone itself is therefore far easier for the manufacturer.
Amendment 25 would add an additional requirement that the web page must provide the “complete trade designation” of the product. I understand this to mean an identification of the exact product concerned, including, for example, any relevant model numbers and variants that exist. This is entirely the intention of the clause, which I believe already caters for this. The clause requires the provision of a web page address that,
“clearly associates the product with the number of the patent”.
The patent holder must therefore clearly identify the product and which patents apply to it. Currently, the Bill allows businesses to do this in a manner that best suits their circumstances to avoid placing an undue burden on business. Again, I remind noble Lords that it is in the patent holder’s interest to ensure that clear information is provided that makes it easy for the public to ascertain which patent or patents apply to a particular product. Doing so will ensure that they can
benefit from the maximum protection available during any legal proceedings. In light of this, I ask that the noble Lord withdraws the amendment.