Method of medical treatment claims in international applications

Rule 39.1 of the PCT lists subject matter for which an International Searching Authority (ISA) shall not be required to conduct a search of an international application. It includes "methods of treatment of the human or animal body by surgery or therapy."

To offer the best possible service to Canadian applicants filing international applications and to provide them with useful information to aid in determining whether or not to enter into the national phase of designated offices, CIPO has taken the position that an international search will be conducted on all subject matter which would normally be searched and examined in a domestically filed patent application.

Therefore, the following subject matter will be excluded from the search:

• methods of medical treatment of living humans and non-humans intended to improve the function or health of a living part of a body which include the manipulation of the body or its organs or tissues using electrical or mechanical means for the prevention or treatment of pathological conditions;
  
  
• surgical methods (invasive procedures); and
  
  
• methods of use claims and use claims including manipulative steps.

A search will be carried out for the following subject matter, provided that they do not include surgical steps:

• diagnostic methods;
  
  
• cosmetic methods; and
  
  
• methods of treatment of animals to derive an economic benefit;

CIPO will interpret the following subject matter:

• methods of use claims directed to medicinal use which do not include manipulative steps as a use claim, without any manipulative steps. A search will be carried out based on this interpretation.