§ Mr. Sumbergasked the Secretary of State for Trade and Industry what steps he proposes to take to seek to restore the effective patent life of pharmaceutical products; what action he intends to take to stimulate the innovative sector of the pharmaceutical industry; and if he will make a statement.
§ Mr. PattieA paper setting out the pharmaceutical industry's case for extending the patent life of pharmaceutical products has been referred to the Government's Standing Advisory Committee on Patents to obtain the views of industry generally. We are also seeking the views of the Department of Health and Social Security. As to other action that might be taken to stimulate the innovative sector of the pharmaceutical industry, this is primarily a matter for my colleagues in the Department of Health and Social Security which sponsors the pharmaceutical industry.
§ Mr. Sumbergasked the Secretary of State for Trade and Industry what representations he has received from the pharmaceutical industry relating to the licensing of right provisions of the Patents Act 1977; why the United Kingdom position remains different from the European Community matters in the context of the European patent convention; and if he will make a statement.
§ Mr. PattieA paper has been received from the Association of the British Pharmaceutical Industry on the issue of licence of right provisions of the Patents Act 1977.
The European patent convention provides for a patent term of 20 years. The 1977 Act brought United Kingdom patent law into line by providing the same term for patents granted under this Act. As a transitional provision, the 1977 Act extended the patent term entitlement of patents granted under the previous (1949) Patents Act from 16 to 20 years. However, during the extended period, 1949 Act patents are subject to licences of right to cater for 790W competitors who had made plans on the basis that they would be free to use the inventions at the end of the 16-year term.