HL Deb 19 July 2004 vol 664 cc14-5

3 Schedule 2, page 12, line 24, at end insert— In section 1 (patentable inventions), in subsection (1)(d), after "subsections (2) and (3)" there is inserted "or section 4A".

Lord Sainsbury of Turville

My Lords, with the leave of the House, I beg to move that the House do agree with the Commons in their Amendment No. 3.

This amendment relates to the patentability of medical methods, and to the changes made by Clause 1. Noble Lords may recall that, under the existing law, a patent cannot be granted for a method of treatment or diagnosis. If such a patent is granted, it can later be revoked.

Clause 1 provides a new section, Section 4A, in the 1977 Act. This sets out, in a much simpler way than at present, that such medical methods are not patentable, while also clarifying the law in respect of the patenting of substances which are used in such medical methods. However, in Committee in another place, it was pointed out to us that the new provision in Clause 1 could have cast doubt on the fact that a patent can be revoked if it has wrongly been granted for a method of treatment or diagnosis. So we brought forward a small amendment—Amendment No. 3—which would make it clear in the 1977 Act that a patent may be revoked if it does not comply with any of the provisions of new Section 4A. It is a small improvement to the drafting that I hope will be welcomed by noble Lords on all sides.

Moved, That the House do agree with the Commons in their Amendment No. 3.—(Lord Sainsbury of Turville.)

On Question, Motion agreed to.