§ Lord Kennetasked Her Majesty's Government:
Whether they are content that a strain of mouse, embodying certain genetic characteristics artificially engineered in it, should have been "patented"; and, if so what limits, if any, they see to the patenting of life-forms, and what proportion of licensing fees they consider should be allocated to the creator of the greater part of the mouse and how.
§ The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Reay)A patent for a genetically engineered mouse has been granted in the United States and the European Patent52WA Office has recently decided to grant a patent for the same invention which will apply in the United Kingdom in accordance with our own legislation. Such European patents have to be measured against the usual criteria for patentability, one of which is that the publication or exploitation of the invention should not be contrary to morality.
Licensing arrangements are a matter for the parties to agree. Since no royalties would be paid in respect of a naturally occurring animal, the royalties paid under the patent would be expected to reflect the added value resulting from the invention.