Oncomouse in Canada: The Patenting of Higher Life Forms

Introduction: Biotechnology is the means or way of manipulating life forms to provide desirable products for man’s use.1 Typically this manipulation is done through genetic engineering. Genetic Engineering is the selective, deliberate alteration of genes by man in such a way as to allow it to produce endogenous proteins with properties different from those of the normal, or to produce entirely different proteins altogether.2 By using different genetic engineering techniques, scientists are able to create organisms with specifically designed physical properties and genetic makeup. As a result of progression in biotechnology, many ethical and legal concerns have developed. Especially controversial among these issues is how the Canadian Patent Act3 should treat the living products of biotechnology. Specifically, should higher life forms, such as the Oncomouse, be patentable under the Canadian Patent Act? This paper will summarize the patent laws in Canada, highlighting the legal interpretation behind current Canadian policy in the patentability of higher life forms, in particular the genetically engineered Oncomouse, also know as the Harvard mouse.