Explanatory note

This Supplementary Order Paper deals with the effect of the validation of priority dates for Treaty applications in clause 298A of the Patents Bill on existing court proceedings. That clause was recommended by the Commerce Select Committee in response to submissions that a retrospective validation on this point was needed. However, the general validation should not override any court proceedings on particular Treaty applications brought before the date on which the Commerce Select Committee reported the Bill back to the House of Representatives (30 March 2010). Accordingly, the proposed amendment ensures that any court proceedings already commenced before that date may be completed on the basis of the former law.