The appeal concerned whether a genetically altered non-human mammal created for cancer research fell within the definition of “invention” in s. 2 of the Patent Act.
The Court held, by majority, that the Commissioner’s refusal of the product claims was reviewable for correctness and that the Commissioner had no free-standing discretion under s. 40 to deny a patent on public policy grounds.
Applying modern statutory interpretation, the majority concluded that “manufacture” and “composition of matter” do not extend to higher life forms and that the existing patent regime is ill-suited to address the complex practical, ethical, and policy issues raised by patenting such subject matter.
The appeal was allowed, the Federal Court of Appeal judgment was set aside, and no costs were ordered.
