Originally published in June, 2002
The Canadian Biotechnology Advisory Committee (CBAC) has recently issued a Report to the Government of Canada’s Biotechnology Ministerial Coordinating Committee entitled "Patenting of Higher Life Forms and Related Issues".
The Report contains 13 recommendations, including proposals that would result in significant amendments to the Canadian Patent Act. Other recommendations merely propose conducting further study. Those recommendations that are of particular relevance to current Canadian patent law are discussed below.
One of the most significant recommendations in the Report is the CBAC recommendation that higher life forms, including plants, seeds and non-human animals be recognized under the existing Patent Act as being patentable subject matter (subject to certain limits on the rights of the patentee), provided that such subject matter meets the ordinary standards of novelty, non-obviousness and utility. The Federal Court of Appeal endorsed
