Martin Ferris
Question:124 Mr. Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will make a statement on the attitude of her Department to the patenting of life forms. [14293/04]
View answerTuesday, 18 May 2004
Questions (113)
Written answers
The European Communities (Legal Protection of Biotechnological Inventions) Regulations 2000 implemented Directive 98/44/EC on the legal protection of biotechnological inventions. The purpose of the directive was to confirm, clarify and consolidate existing patent law with regard to biotechnological inventions throughout the European Union.
The directive does not allow unlimited patentability of subject matter. As in the case of inventions in other areas of technology, biotechnological inventions are patentable only if they are new and susceptible of industrial application, and involve an inventive step. Also, patents will not be granted in respect of biotechnological inventions, the commercial exploitation of which would be contrary to public order or morality.
The following are not patentable under the directive: plant and animal varieties, and essentially biological processes for the production of plants or animals; the human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene; processes for cloning human beings; processes for modifying the germ line genetic identity of human beings; uses of human embryos for industrial or commercial purposes; and processes for modifying the genetic identity of animals or animals resulting from such processes which are likely to cause them suffering without substantial medical benefit to man or animal.
The objective of the directive is to establish harmonised, clear and improved standards for the protection of biotechnological inventions with a view to furthering the innovating potential and competitiveness of European science and industry in this important area of modern technology.
Question No. 125 answered with QuestionNo. 120.