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Harvard College v Canada (Commissioner of Patents) : ウィキペディア英語版 | Harvard College v Canada (Commissioner of Patents)
''Harvard College v Canada (Commissioner of Patents)''〔Harvard College v Canada (Commissioner of Patents), () 4 SCR 45, 2002 SCC 76〕 is a leading Supreme Court of Canada case concerning the patentability of higher life forms within the context of the Patent Act (Canada).〔''Patent Act'', RSC 1985, c P-4〕 At issue was the patentability of the Harvard oncomouse, a mouse that had its genome genetically altered by a cancer-promoting gene (oncogene). In a 5-4 split, the Supreme Court held that the oncomouse and higher life forms in general are not patentable subject matter in Canada. == Background == Harvard College researchers (the respondents) developed a process by which they could create transgenic animals whose genomes are altered by a cancer-promoting gene (called an activated oncogene).〔Harvard College () 4 SCR 45 at para 123〕 The researchers injected the oncogene into fertilized mouse eggs close to the one-cell stage and implanted them into a female host mouse where they developed to term.〔Harvard College () 4 SCR 45 at para 122〕 The resulting offspring were then tested for the presence or absence of the oncogene.〔 Those with the gene are referred to as “founder” mice and are mated with unaltered mice.〔 Offspring that contain the oncogene and have every cell in their body affected (including germ cells and somatic cells) by it are referred to as oncomice. Oncomice are useful for carcinogenic studies as they are more susceptible to carcinogens.〔Harvard College () 4 SCR 45 at para 121〕 Such mice can be given material suspected of being a carcinogen and if tumours develop, it is an indication that the material is carcinogenic.〔
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