CPATA Patent Knowledge Practice Questions - Canadian Patent Agent Knowledge Examination Exam

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In Harvard College v. Canada (Commissioner of Patents), 2002 SCC 76, the Supreme Court of Canada held that a genetically modified mouse (the "oncomouse") was:

Patentable only with respect to the process used to create it, not the animal itself Not patentable subject matter because a higher life form is neither a "manufacture" nor a "composition of matter" Patentable because it was new, useful and non-obvious Patentable as a composition of matter under section 2

Correct Answer:

Not patentable subject matter because a higher life form is neither a "manufacture" nor a "composition of matter"

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