We considered the opinions issue extensively on Second Reading and thought that it might be necessary to look at the detail of the opinions, and the legislation that sets them out, in Committee.

Let me explain one of the problems with the opinions. Subsection (6) of proposed new section 74A states:

''For the purposes of section 101 below, only the person making a request under subsection (1) above shall be regarded as a party to a proceeding before the comptroller in relation to that request.''

Section 101 is the section of the 1977 Act that gives the comptroller a duty to give any party the right to be heard before an adverse finding is made against him.

The reason for my amendments is that the rules referred to in the explanatory notes allow both parties to make representations on the opinion, but there is a risk that proposed new subsection (6) prevents that. The request could be initiated either by the patentee or the third party, and then only that party would be entitled to be heard, so in consequence only that person is entitled to appeal to the court under section 97.

It is odd that it is possible for a person to have a finding made against him without having the right to be heard. It is odd even with regard to whether an opinion should be issued. However, is not proposed new subsection (6) so wide that it will prevent the person being found against from being considered a party even in relation to the formulation of the opinion itself, as opposed simply in relation to the question of whether the opinion will be issued? I suggest that it is an oddity. It might be easier simply to remove it, but it would be helpful to give people the right to be heard, as set out in the amendment.

Amendments Nos. 8 and 7 deal with a different matter—the right to appeal to the courts. Proposed new section 74B(1) mentions a peculiar set of rules. If the patentee asks for an opinion, a third party, if he is told that he does infringe, has no right to be heard under proposed new section 74A(6), and no right to request a review under proposed new section 74B. I am not sure why that is, but it may be because of the European convention on human rights, to which paragraph 116 of the explanatory notes relates. Someone can be affected by an adverse opinion to the extent that he has infringed the patent. His human rights should come into the matter, too. It may therefore be better simply to omit proposed new section 74B altogether.

It is difficult to see much purpose in a right to a review of an opinion that is in any event not binding. When we debate clause stand part, we will come to the question of whether the opinions have any value. I suspect that they might, and so, as I said on Second Reading, we should give the overall concept the benefit of the doubt. However, I beg leave to doubt whether there is much value in a right of review of this non-binding opinion.