Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 91998E1953

**WRITTEN QUESTION No. 1953/98 by Anita POLLACK to the Commission. European patent application for meningitis bacteria** 
  
*Official Journal C 031 , 05/02/1999 P. 0104*

  

WRITTEN QUESTION E-1953/98

by Anita Pollack (PSE) to the Commission

(30 June 1998)

Subject: European patent application for meningitis bacteria

Is the Commission aware of the applications filed with the European Patent Office by Human Genome Sciences who are seeking to be the first to "own" the whole genetic sequence of the bacteria which causes meningitis and does it have a view on scientists fears that, if granted, this could lead to royalties having to be paid on every treatment?

Answer given by Mr Monti on behalf of the Commission

(4 August 1998)

The Commission is aware of the patent applications that have been filed by Human Genome Sciences Inc. It would note that they have not yet been examined by the European Patent Office and that it is not for the Commission to assess the supposed patentability of inventions which are still at the application stage. If necessary, it is up to the European Patent Office to decide whether the criteria for patentability have been met and to what extent the invention may be protected.

The Commission would, however, point out that methods of therapy and diagnosis are not patentable in Europe. This being the case, it does not consider that fees would have to be paid on every treatment using the patented invention.

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