Clause 12

by deleting the word “whether” in subsection (4) and substituting the word “either”;

by inserting, immediately after the word “entitled” in subsection (5)(b), the words “(either alone or with other persons, as the case may be)”;

by deleting the words “more properly be determined” in subsection (8) and substituting the words “be more conveniently dealt with”; and

by deleting subsection (9) and substituting the following subsection:“(9) The court must not determine a question whether a patent was granted to a person not entitled to be granted the patent —

in the exercise of any such declaratory jurisdiction in an action for a declaration; or

in the exercise of jurisdiction pursuant to a reference under this section,if the action or the reference (as the case may be) was commenced or made after the end of the period of 2 years beginning with the date of the grant of the patent, unless it is shown that any person registered as a proprietor of the patent knew at the time of the grant or, as the case may be, of the transfer of the patent to the person that the person was not entitled (either alone or with other persons, as the case may be) to the patent.”.