Intellectual Property Policy

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

Appendix "A" - Biotechnology: Definition in the CIPO

Inventions related to biotechnology would include claims to:

Processes defining any technique that uses:
- living organisms, parts of organisms, or substances from these organisms to make or modify products, to improve plants and animals, or to develop microorganisms for specific uses.
- These processes include recent technologies such as: recombinant DNA, cell fusion including hybridoma, and bioprocesses, and "old" technologies such as: extraction and purification of substances from biological sources, the use of microorganisms for brewing and baking, and selective breeding in agriculture and animal husbandry.
Products produced by these processes.
Methods of using the above products.
Proteins produced by these processes and further modified by chemical processes are considered biotech products.
Compositions containing these products.
Apparatuses used in preparing or testing these products.

Class 195 Microbiochemistry. This includes cell fusion, genetic engineering, preparation of organic compounds (including proteins) using either an enzyme or cell to catalyze the reaction; and the apparatus used.

C12 Biochemistry; beer; spirits; wine; vinegar; microbiology; enzymology; mutation or genetic engineering.

530 Peptides; Proteins

C07K Peptides; Proteins.

This includes the proteins themselves and non-microbiological processes of preparing them, such as extracting from natural sources and chemical synthesis.

167 103-103.9 Medicines; Proteinaceous Materials

A61K 37/* Medicinal preparations containing proteinaceous materials, or derivatives thereof.

177 104-118 and 286-291 Medicines; Animal and Plant Extracts

A61K 35/12-35/84 Medicinal preparations containing materials from animals, birds, microorganisms and plants.

167 129-140 Medicines; Antigens (vaccines) Sera (antibodies)

A61K 39/* Medicinal preparations containing antigens or antibodies.

167 37-45 Antigen-Antibody Testing (Diagnostics)

G01N 33/50-33/98 Chemical analysis of biological material, including immunoassays and biospecific binding assays.

150 8.5-14 Testing involving enzymes, microbes or DNA probes. Testing involving pathology (Diagnostics).

In the IPC this is already included under C12 above i.e. C12Q Measuring or testing processes involving enzymes or microorganisms; and under G01N Chemical analysis of biological material.

167-5.1 Pesticides; Microorganisms, Enzymes, Animal Extracts.

167-5.3 Pesticides; Plant Extracts

71-4.5 Plant Growth Regulators; Treating plants with microbes or enzymes

A01N 63/* and 65/* Biocides or plant growth regulators containing microorganisms, enzymes, plant material or animal material.

Applications for new breeds of vertebrates and invertebrates in the Canadian scheme are classified for the most part among other subject matter in lass 195-1.36, Modified Eucaryotic Cells.

A01K 67/07 New breeds of vertebrates

A01K 67/033 New breeds of invertebrates

47-4 Plant Husbandry; Propagation. Applications for new plants in the Canadian scheme have been classified here and among other subject matter in 195-1.36, Modified Eucaryotic Cells.

A01H New Plants or processes for obtaining them; Plant Reproduction by tissue culture techniques.

362 1-25 Microbiological treatment of sewage.

C02F 3/* Biological treatment of water, waste water or sewage.

C02F 11/02 and 11/04 Biological treatment of sludge.

53-18 Metallurgy; Bacterial treatment

C22B 3/18 Extraction of metal compounds from ores with the aid of microorganisms or enzymes.

Methods of oil recovery or oil spill clean up using microorganisms are classified in class 195 in the Canadian scheme.

E21B 43/22 Methods of hydrocarbon recovery using bacterial activity.

Biosensors are classified in class 195 in the Canadian scheme.

G01N 27/327 Biochemical electrodes.

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