§ Mr. BakerTo ask the President of the Board of Trade if she will make a statement on the legal status of patents for genetically engineered animals granted by the EU within the United Kingdom. [46562]
§ Mr. Battle[holding answer 22 June 1998]: There is currently no mechanism for patents to be granted by the EU but patents having effect in the United Kingdom can be granted by the European Patent Office based in Munich. The European Patent Office is not an EU institution.
Provided certain formal requirements are met, patents granted by the European Patent Office have the same legal status in the United Kingdom as patents granted in this country. Thus, a patent for a genetically engineered animal granted by the European Patent Office gives the same rights and can be challenged in our courts in the same way as patents granted here.