CANADIAN SUPREME COURT: HARVARD MOUSE CAN'T BE PATENTED

Globe and Mail (www.globeandmail.com) reports that the Canadian Supreme Court has ruled 5-4 that the Harvard oncomouse cannot be patented. The majority decision written by Justice Michel Bastarache says: "The Canadian federal Patent Act] in its current form fails to address many of the unique concerns that are raised by the patenting of higher life forms.", and that the oncomouse does not fit the definition of invention written into the federal Patent Act in the 19th century. Activists are happy - the industry unhappy - with the decision. I guess we are to think that the oncomouse is all things but it is not a result of a technical process.