§ Mr. Matthew TaylorTo ask the President of the Board of Trade what research her Department has(a) commissioned and (b) evaluated into the link between patents on genes and research into new cures; and if she will place a copy of such research in the Library.[16389]
§ Mr. Ian McCartney[holding answer 17 November 1997]My Department has not commissioned research into the link between patents on genes and research into new cures.
106WUnder the relevant legislation (the Patents Act 1977) patent protection may be obtained for genes when isolated from the body or produced by a technical process but only if general criteria for patentability are met.
United Kingdom law and that of all member states of the European Union is closely aligned with that of the European Patent Convention which came into force in 1978.
Under current legislation acts done for experimental purposes relating to the subject matter of a patented invention do not infringe patent rights.
§ Mr. BakerTo ask the President of the Board of Trade if she will make a statement on her policy on the levying of royalties by patent holders on crops to which patented genes have spread through horizontal gene transfer. [16152]
§ Mr. Ian McCartney[holding answer 17 November 1997]The current legislation (The Patents Act 1977) details the act which constitute infringement of a patent for an invention. Where the invention is a product, these acts include making, disposing, offering to dispose, using or importing the product without the consent of the patent holder.
Application of these provisions in any given circumstance is for a Court to determine. To date there has been no litigation on the levying of royalties by patent holders on crops to which patented genes have spread through horizontal gene transfer.