Question to the Department for Business, Innovation, Science and Trade:
To ask the Secretary of State for Business, Innovation, Science and Trade, whether his department has considered the potential merits of introducing greater flexibility in the duration of patent protection according to the rate of technological change within different industries.
A term of patent protection of 20 years, regardless of field of technology, has long been the accepted standard. This term sets an appropriate balance between incentivising innovation and investment in R&D, while ensuring that society benefits from competition, diffusion of technology and follow on innovation.
Internationally, the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) sets the minimum term applicable to patent protection at 20 years. It also states that patent rights should be enjoyed across all technology fields. The TRIPS Agreement applies to all World Trade Organisation (WTO) members, including the UK.