§ Mr. DalyellTo ask the President of the Board of Trade what recent representations she has received from the Royal Society on harmonising the dates accorded to patents in different counties; and if she will urge the Council of Ministers to adopt the US system of having research note-books signed daily, and notarised by a lawyer at regular intervals. [45762]
§ Mr. Ian McCartneyI have received no representations from the Royal Society on the issue of dates accorded under patent law. However, I am aware of discussion on this topic in relation to United States patent law.
The United States stands almost alone in the world in basing the grant of patent rights upon evidence of being first to invent. This leads to auditory overheads on researchers, such as the need to have note-books signed daily and notarised regularly. In Europe and elsewhere the simpler approach of being first to file an application is the determinant for the grant of rights, and this approach is key in reducing auditory and administrative burdens on researchers and business. To move to the US system would add to the burdens of all applicants seeking rights in Europe.
United States patent law has recently become more liberal as far as foreign inventors are concerned. Prior to 1996 all research establishing a date of invention for patent purposes in the United States had to be carried out there. With the advent of the World Trade Organisation (WTO) and especially its Agreement on Trade Related Aspects of Intellectual Property (TRIPS), the United States was obliged to change its law so that research and development carried out in any WTO country is now acceptable for establishing a date of invention.