§ Lord Kennetasked Her Majesty's Government:
Whether they are discussing with the United States Administration steps the latter might take to ensure that the operations of the US Patent Office do not result in trade distortions, or impediments to sustainable development and the maintenance of biodiversity, with specific reference to the recent patent granted to Messrs Agrocetus Inc., which that firm claims "covers all transgenic [cotton] plants" (Independent, 12 October 1993).
§ Lord StrathclydeThe Government recognise the importance of patent law worldwide for the commercialisation of biotechnology. Although concern has been expressed about the scope of some US patents, US patent law is broadly in line with other patent laws, in that claims should be of a scope commensurate with the invention described. Third parties who consider that trade is distorted because the United States Patent Office has issued a patent with too broad claims can invoke this as a defence in an infringement action or apply to the office for re-examination. Since the grant of a patent for a new plant does not prevent anyone continuing to use existing varieties, it should impede neither sustainable development nor the maintenance of biodiversity. Officials here discuss these and other issues with their US counterparts in the course of international negotiations on patent law harmonisation.