UK-IPO Consults On Patent Research Exception

by Robin Pilgrim, LawAndTax-News.com, London

07 July 2008

As part of its work in taking forward the recommendations of the Gowers Review of Intellectual Property, the UK-IPO announced on Monday that it is seeking views on the effect of the patent research exception, as allowed under Section 60(5) of the Patent Act 1977.

The consultation, which closes on 7th November 2008, has been launched with the aim of gathering evidence and to identify stakeholder concerns on this aspect of patent law. The UK Intellectual Property Office has stressed that it is especially keen to hear from those who are actively engaged in research activities.

The UK-IPO observed that:

"A strong research base is vital to the competitiveness of the economy and to promote the well being of our society. It is important that the right balance exists between the opportunity to conduct research and the framework of intellectual property laws which can provide incentives for innovation and economic development."

"Patent laws in most European countries include a "research exception" (or "research exemption") which permits use of a patented invention for experimental purposes without infringing the rights of the holder. The origin of the research exception lies in the draft Community Patent Convention (CPC) of 1975 and European Community member states agreed in 1989 to eliminate “as far as possible” the differences between national patent law and the provisions of the CPC. Any clarification or amendment of the research exception in this country would need to consider whether this would be necessary Europe-wide."

Once the consultation is completed, the Intellectual Property Office will analyse the results and publish a report on the findings and proposed next steps. It aims to do this by the beginning of February 2009.

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