§ Joan RuddockTo ask the Secretary of State for Trade and Industry how many UK patents have been granted for(a) human genes, (b) animal genes and (c) plant genes. [121305]
§ Dr. HowellsPatents are only available for inventions for new technical solutions. Under the Patents Act 1977 and a recent EC Directive on the legal protection of biotechnological inventions, genes as they exist in nature cannot be the subject of patent rights. However, material—including genes—isolated from its natural environment by means of an inventive technical process may be subject to patent rights. To be patentable, such inventions would have to satisfy the general criteria for patentability that the invention is new and would not be obvious to someone in the technical field.
To date, approximately 50 patents relating principally to human genes or variants thereof; approximately 10 patents relating to animal genes or variants thereof; and, approximately nine patents relating to plant genes or variants thereof have been granted by the United Kingdom Patent Office.