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Are genes patentable in Canada?

4 Canada grants patents on genetic material (DNA, RNA and genes), whether of plant, animal or human origin, as well as on single-celled organisms such as bacteria, some fungi and algae, cell lines and hybridomas.

Can a plant gene be patented?

Plants obtained by technical processes are generally considered patentable under the law. This includes plants that have been genetically engineered or where a genetic modification (or mutation) of a plant is created by technical means.

Is a gene sequence patentable?

A gene patent is a patent on a specific isolated gene sequence, a natural sequence that has been altered, the processes and methods for obtaining or using it, or a combination of any of these. In the United States, gene patents have only been granted to gene sequences that have known functions.

Are isolated genes patentable?

This decision was docHubed on the basis that DNA is a product of nature, and because nothing new and useful is created when a gene is located/discovered or simply isolated there is no intellectual property to protect.

Can isolated genes be patented?

The Supreme Courts ruling did allow that DNA manipulated in a lab is eligible to be patented because DNA sequences altered by humans are not found in nature. The Court specifically mentioned the ability to patent a type of DNA known as complementary DNA (cDNA).

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