§ Joan RuddockTo ask the Secretary of State for Trade and Industry what is the current practice of the UK Patent Office in awarding patents on(a) transgenic plants and (b) genes and genetic sequences derived from plants; and how many of each have been given in the last 12 months. [74474]
§ Mr. Battle[holding answer 3 March 1999]: The United Kingdom Patents Act (1977) sets down the requirements which must be met to obtain patent rights and the United Kingdom Patent Office assesses patent applications to investigate whether they comply with these requirements. So, for example, according to the Act, patents may be obtained for all inventions which are new, not obvious and have industrial applicability. These criteria must be met by inventions from all fields of technology, including biotechnology. The Act also excludes certain matter from patent rights. This includes plant varieties as such, and discoveries, such as the mere discovery that a gene exists in nature with no accompanying technical step. Thus, patents may be granted for inventions involving the genetic manipulation of plants. Any decision by the Patent Office can be challenged in the Courts.
Between the beginning of March 1998 and the end of February 1999, the Patents and Designs Journal have recorded the grant of two patents by the United Kingdom Patent Office.