§ Mr. WigleyTo ask the President of the Board of Trade what proposals the United Kingdom Patent Office has to continue to act as an international preliminary examining authority after 1 June 1993; and if he will make a statement.
§ Mr. Leigh[holding answer 16 December 1992]: The Comptroller General of the Patent Office has discussed with other members of the European Patent 482W Organisation's administrative council whether the office should continue to act as an international preliminary examining authority after 31 May 1993. He has also consulted the World Intellectual Property Organisation. The administrative council has concluded that the provisions of the protocol on centralisation of the European patent convention, under which this work will cease on 31 May 1993, should prevail but has commissioned a wide-ranging study of the relationships between the European Patent Office and the offices in member countries and of the needs of small and medium-sized firms.
§ Mr. WigleyTo ask the President of the Board of Trade how the principles of subsidiarity will be applied with regard to the relationship between the patent offices of member states of the EC which are contracting states of the European patent convention and the European Patent Office; and if he will make a statement.
§ Mr. Leigh[holding answer 16 December 1992]: The European Patent Office is not a Community body—the European patent convention is a free-standing treaty and the principles of subsidiarity do not directly affect the relationship between the patent offices of contracting states and the European Patent Office.
§ Mr. WigleyTo ask the President of the Board of Trade what fee is charged for international preliminary examinations for patents by(a) the European Patent Office and (b) the United Kingdom Patent Office; and what assessment he has made of the effect of the new protocol for centralisation, requiring United Kingdom applicants for international preliminary examinations to have these carried out at the European Patent Office on the development of innovation in the United Kingdom.
§ Mr. Leigh[holding answer 16 December 1992]: The European Patent Office charges DM 3,000 for international preliminary examinations and the United Kingdom Patent Office charges £130. The effects of the protocol on innovation in the United Kingdom cannot be quantified with precision but do not effect the innovator's ability to seek national patents. The 1973 treaty, which provides for these examinations to be conducted by the European Patent Office after 31 May 1993, can only be amended by unanimous agreement of the 17 contracting states. The Comptroller General of the Patent Office has, however, discussed with the other members of the European Patent Organisation's admininstrative council the need to ensure that the European patent convention and its protocol on centralisation, which date from 1973, do not inhibit the process of innovation in the United Kingdom and Europe.
§ Mr. WigleyTo ask the President of the Board of Trade what representations he has received from, or on behalf of, patent agents in the United Kingdom with regard to the implementation of the European protocol on centralisation; and if he will make a statement.
§ Mr. Leigh[holding answer 16 December 1992]: None. The Comptroller General of the Patent Office has, however, had a number of discussions with representatives of the patent agent profession on this matter in the course of the last 18 months.
§ Mr. WigleyTo ask the President of the Board of Trade what is his estimate of the proportion of the worldwide 483W total of international preliminary examinations under the patent co-operation treaty which are currently undertaken by the United Kingdom Patent Office.
§ Mr. Leigh[holding answer 16 December 1992]: It is estimated that the United Kingdom Patent Office currently undertakes about 13 per cent. of the worldwide total of international preliminary examinations under the patent co-operation treaty.
§ Mr. WigleyTo ask the President of the Board of Trade what procedures are necessary to ensure that the United Kingdom Patent Office may continue to act as an international preliminary examining authority.
§ Mr. Leigh[holding answer 16 December 1992]: Continuation of the United Kingdom Patent Office's work as an international preliminary examining authority after 31 May 1993 would require a unanimous decision to this effect of the 17 contracting states of the European Patent Organisation.