Medicine And Medically Related Inventions

Methods of diagnosing humans are patentable in Canada, but methods of treating humans are not. An applicant can use Swiss type claims (e.g., "Use of substance X for the preparation of pharmaceuticals for the treatment of disease Y"). Section 12.04.02 of the Manual Of Patent Office Practice provides in part:

A method of process of surgery or therapy on living humans or animals is not considered to be within the scope of "invention" as defined by section 2 of the Patent Act, because such methods do not produce an essentially economic result in relation to trade, industry, or commerce. However, methods of treating animals to derive an economic benefit are not excluded. If, when used for its leading purpose, a claimed method does not produce an essentially economic result, then that method is nonstatutory even if it could have other purposes. Articles or apparatuses designed for use in treatment of humans or animals are patentable, provide they conform to all other conditions of the Patent Act. Methods of diagnosing a physical disease or physical medical condition in a human being, provided that the methods do not contain any step of surgery or therapy, may be patentable.