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Tennessee Eastman Co v Canada (Commissioner of Patents) : ウィキペディア英語版 | Tennessee Eastman Co v Canada (Commissioner of Patents)
''Tennessee Eastman Co v Canada (Commissioner of Patents)'', () S.C.R. 111, is a leading Supreme Court of Canada authority for the proposition that medical or therapeutic methods are not patentable in Canada. ==Background== Tennessee Eastman sought a patent for a surgical method for bonding a wound together by applying certain glues.〔Specifically, the patent application claimed, in part: "The method for surgical bonding of body tissues which comprises applying to at least one of the tissue surfaces to be bonded an adhesive composition comprising a monomeric ester of a-cyanoacrylic acid ... "〕 The glues themselves were not new. The new discovery was that the glues could be used in place of stitches to close wounds. The Commissioner of Patents refused to grant the patent on the ground that the claimed method was not the kind of discovery which fell within the definition of “invention” in the Patent Act. In particular, it was not an “art” because it was useful only in the process of surgical treatment and produced no result in relation to trade, commerce or industry. Tennessee Eastman appealed to the Exchequer Court. The issue there was whether this use of glue fell within the meaning of new and useful “art” or “process” within the meaning of the Patent Act. The Exchequer Court held that it did not for the reasons given by the Commissioner of Patents.
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