The European Parliament,

–  having regard to Directive 98/44/EC on legal protection of biotechnological inventions,

–   having regard to the Statement of the Council's reasons annexed to Common Position (EC) No 19/98 adopted by the Council on 26 February 1998 with a view to adopting Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions,

–   having regard to the Convention on the Grant of European Patents (European Patent Convention),

–   having regard to its Resolution of 30 March 2000 on the decision by the Patent Office with regard to patent No EP695351 granted on 8 December 1999,

–   having regard to the Report from the Commission to the Council and Parliament 'Development and implications of patent law in the field of biotechnology and genetic engineering', COM(2005) 312 final,

–  having regard to Rule 103(2) of its Rules of Procedure,

A.  whereas biotechnology is one of the most important technologies for the future and has to be supported by a suitable political framework,

B.   whereas patents are necessary to promote innovation,

C.   whereas some specific problems exist in the area of biotechnology so that the general patent law needs to be fleshed out by appropriate specific rules,

D.   whereas the definition of ethically motivated limits is of particular importance in biotechnology,

E.   whereas the European Patent Office granted a patent on 2 February 2005 (EP1257168) that includes a method of selection of human germ cells and permits patenting of the germ cells themselves,

F.   whereas the European Patent Office accepted the opposition to patent EP695351 (the Edinburgh Patent) and made it clear that patents on human embryonic stem cells cannot be granted,

G.   whereas opposition has again been made to this decision, so that the legal situation is still unclear,

H.   whereas Directive 98/44/EC allows the patenting of human DNA only in connection with a function, but it is unclear whether a patent on DNA covers only the application in this function or whether other functions are also covered by the patent, and whereas this uncertainty is acceptable neither for researchers nor for industry nor from an ethical point of view,

I.   whereas a too broad granting of patents on human DNA could put innovation in danger,

J.   whereas Article 6 of the Directive excludes the cloning of human beings and the Council made it clear in its explanatory statements to Parliament that this ban on patenting does not only cover reproductive cloning and that the term 'human being' in this regard includes the embryonic phase,

K.   whereas for the creation of embryonic stem cells embryos have to be destroyed and the patenting of technologies where human embryos are destroyed or used for commercial or industrial purposes is excluded according to Article 6(2)(c) of the Directive,

1.   Supports biotechnology as a future technology and considers that an appropriate political framework is important to support this technology;

2.   Considers the patenting of biotechnological inventions in accordance with common rules throughout Europe to be an important precondition to support this future technology appropriately in Europe;

3.   Considers Directive 98/44/EC to provide the appropriate framework for this in most cases, but that as regards the patenting of human DNA different interpretations and the lack of clarity hinder the functioning of the common market;

4.   Calls on the European Patent Office and the Member States to grant patents on human DNA only in connection with a concrete application and for the scope of the patent to be limited to this concrete application so that other users can use and patent the same DNA sequence for other applications (purpose-bound protection);

5.   Calls on the Commission to examine whether this interpretation of the Directive is possible to achieve by means of a recommendation to the Member States or whether it requires an amendment of Article 5 of the Directive;

6.   Points out that patent EP1257168 constitutes a violation of the Directive because human germ cells which are part of the human body are patented;

7.   Expresses its deep concern because there are obviously plans to introduce methods for the selection of sex in humans;

8.   Decides to make opposition to patent EP1257168 and asks its services to immediately prepare the opposition;

9.   Calls on the European Patent Office, the Commission and the competent authorities in the Member States to give no reason to doubt that all kinds of human cloning are excluded from patenting under Directive 98/44/EC;

10.  Insists that the creation of human embryonic stem cells implies the destruction of human embryos and that therefore the patenting of procedures involving human embryonic stem cells or cells that are grown from human embryonic stem cells are a violation of Article 6(2)(c) of the Directive;

11.  Requests the European Patent Office to introduce a further body which, because of the sensitivity of the issue, checks patents that are sensitive from an ethical point of view before they are granted;

12.  Instructs its President to forward this resolution to the Council, the Commission and the European Patent Office.