Amendment of the Patents Act 19774
In section 60 (meaning of infringement)—
a
in subsection (5), after paragraph (f) insert—
g
it consists of the use by a farmer of the product of his harvest for propagation or multiplication by him on his own holding, where there has been a sale of plant propagating material to the farmer by the proprietor of the patent or with his consent for agricultural use;
h
it consists of the use of an animal or animal reproductive material by a farmer for an agricultural purpose following a sale to the farmer, by the proprietor of the patent or with his consent, of breeding stock or other animal reproductive material which constitutes or contains the patented invention.
b
after subsection (6) insert—
6A
Schedule A1 contains—
a
provisions restricting the circumstances in which subsection (5)(g) applies; and
b
provisions which apply where an act would constitute an infringement of a patent but for subsection (5)(g).
6B
For the purposes of subsection (5)(h), use for an agricultural purpose—
a
includes making an animal or animal reproductive material available for the purposes of pursuing the farmer’s agricultural activity; but
b
does not include sale within the framework, or for the purposes, of a commercial reproduction activity.
6C
In paragraphs (g) and (h) of subsection (5) “sale” includes any other form of commercialisation.