The appellant sought a patent for a new soybean variety developed through artificial cross-breeding.
The Commissioner of Patents and the Federal Court of Appeal rejected the application.
On appeal to the Supreme Court of Canada, the Court held that the appellant failed to meet the disclosure requirements under s. 36(1) of the Patent Act.
The specification did not adequately describe the steps involved in the cross-breeding process to allow a person skilled in the art to reproduce the invention.
The Court further held that merely depositing a sample of the seeds did not satisfy the statutory disclosure requirement.
The appeal was dismissed.
