Intellectual Property Policy

A Study of Issues Relating to the Patentability of Biotechnological Subject Matter: Table of Contents

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Dr. John R. Rudolph: Gowling, Strathy & Henderson

DISCLAIMER
EXECUTIVE SUMMARY
Chapter 1: INTRODUCTION and OVERVIEW
Chapter 2: SUBJECT MATTER OF BIOTECHNOLOGY
1. Bio-matter Itself
  - Non-living Bio-matter Living Bio-matter
2. Methods and Processes of Making Products of Biotechnology
3. Methods of Use or Uses
Chapter 3: ON THE NATURE OF INVENTION
1. Introduction
2. Invention
3. Invention as a Result
4. Invention as a Process
5. Avenues to Invention
6. Creation and Invention
7. Discovery and Invention
8. What Does "Invention" Mean - A Synthesis
Chapter 4: PATENTABLE INVENTION
- The Quid Pro Quo of a Patent
  - Statutory Invention
- DOES BIOTECHNOLOGY FIT?: Proper Subject-matter
  1. Methods of Medical Treatment
  2. Human Beings
  3. Enumerated Categories of Statutory Invention
    - Manufacture and Composition of Matter
  4. Scope of Patents for Higher Life Forms
    - Essence of Invention
    - Mere Aggregation?
    - Sound Prediction?
    - The Problem of Progeny
    - Infringement and the Doctrine of Equivalents
- NEW, USEFUL and UNOBVIOUS - DOES BIOTECHNOLOGY FIT?: Specific Issues of Patentability
  1. Utility
  2. Novelty
    - Availability to the Public
    - Product of Nature Doctrine
    - Standard of Novelty Assessment in CIPO
  3. Non-obviousness
    - The Worth A Try Doctrine
    - Desideratum Inventions
    - Examiners Expertise - The Technician Skilled in the Art
Chapter 5: CONCLUSIONS and DIRECTIONS
1. Introduction
2. Summary
3. The Patentability of Higher Life forms
  - "Manufacture or Composition of Matter"
  - Human Beings are Not Patentable
  - Problems with Progeny
4. Novelty and Invention in Biotechnology
  - Amending the Act and Dilution of the Standard of Novelty
  - The Products of Biotechnology Act
5. Non-obviousness in Biotechnology
6. Conclusions
APPENDIX "A"
BIBLIOGRAPHY
FOOTNOTES

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