International Patent Business

An international patent business is a business carried on by a corporation through a fixed place of business in B.C. where all of the revenue is derived from one or more of the following transactions:

  • selling, assigning or licensing to a non-resident person, a patent within an eligible class of patents, or
  • selling to a non-resident person, a good or service in respect of which the sales revenue is principally derived from an invention for which a patent within an eligible class of patents is owned by the corporation. 

Licensing to a non-resident person includes a joint research and development licensing agreement that is directly related to a patent within an eligible class of patents.

Eligible Class of Patents

The eligible class of patents are patents that have not expired or otherwise ceased to exist and have a primary classification number that has been assigned in accordance with the International Patent Classification. The eligible class of patents does not include a patent that relates to tobacco or any product made of tobacco unless the product assists people to stop using tobacco.

The eligible class of patents incorporates patents in certain inventions related to the following four categories:

  • life sciences (added effective January 1, 2006),
  • clean power generation (added effective March 1, 2008), 
  • waste water treatment (added effective April 1, 2009), and 
  • fuel cell technology (added effective April 1, 2009). 

Please note: If one or more of the columns below describing the Subclass or Group is blank, then the entire Subclass or Group is included in the respective Class or Subclass.

Life Sciences

Category

Class

Subclass

Group

Description

A

01

H

all

new plants or processes for obtaining them; plant reproduction by tissue culture techniques

A

01

N

1/00

preservation of bodies of humans or animals, or parts thereof

A

01

N

1/02

preservation of living parts

A

01

N

3/00

preservation of plants or parts thereof

A

61

all

 

medical and veterinary science; hygiene

C

02

F

3/00

biological treatment of water, waste water, or sewage

C

07

all

 

biochemistry: organic chemistry

C

08

all

 

biochemistry: organic macromolecular compounds

C

12

M

all

microbiology: apparatus for enzymology or microbiology

C

12

N

all

microbiology: micro-organisms or enzymes; compositions thereof

C

12

P

all

microbiology: fermentation or enzyme using processes to synthesize a desired chemical compound or composition, or to separate optical isomers from a racemic texture

C

12

Q

all

microbiology: measuring or testing processes involving enzymes or micro-organisms; compositions or test papers therefore; processes of preparing such compositions; condition-responsive control in microbiological or enzymological processes

C

12

S

3/00

microbiology: micro-organisms or enzymes; compositions thereof

C

12

S

3/20

microbiology: removal of nucleic acids from cells

C

12

S

3/22

microbiology: treatment of blood fractions

C

12

S

3/24

microbiology: treatment of animal secretions or organs

G

01

N

33/02

investigating or analyzing food

G

01

N

33/03

investigating or analyzing edible oils or edible fats

G

01

N

33/04

investigating or analyzing dairy products

G

01

N

33/08

investigating or analyzing eggs

G

01

N

33/12

investigating or analyzing meat/fish

G

01

N

33/15

investigating or analyzing medicinal preparations

G

01

N

33/48

investigating or analyzing biological material; determining the germinating capacity of seeds; haemocytometers (counting blood corpuscles over a surface by scanning the surface)

G

01

N

33/483

physical analysis of biological material

G

01

N

33/487

physical analysis of liquid biological material

G

01

N

33/49

physical analysis of blood

G

01

N

33/493

physical analysis of urine

G

01

N

33/497

physical analysis of gaseous biological material

G

01

N

33/50

chemical analysis of biological material; testing involving biospecific ligand binding methods; immunological testing (measuring or testing processes other than immunological involving enzymes or micro-organisms, compositions or test papers therefore; processes of forming such compositions, condition responsive control in microbiological or enzymological processes)

Clean Power Generation (including wind, solar and tidal)

Category

Class

Subclass

Group

Description

E

02

B

9/08

hydraulic engineering: tide or wave power plants

F

03

B

13/06

machines or engines for liquids: stations or aggregates of water-storage type (turbines characterised by having means for functioning alternatively as pumps)

F

03

B

13/08

machines or engines for liquids: machine or engine aggregates in dams or the like; conduits therefor

F

03

B

13/10

machines or engines for liquids: submerged units incorporating electric generators or motors

F

03

B

13/12

machines or engines for liquids: characterised by using wave or tide energy

F

03

B

13/14

machines or engines for liquids: using wave energy

F

03

B

13/16

machines or engines for liquids: using wave energy: using the relative movement between a wave-operated member and another member

F

03

B

13/18

machines or engines for liquids: using wave energy: using the relative movement between a wave-operated member and another member: wherein the other member is fixed, at least at one point, with respect to the sea bed or shore

F

03

B

13/20

machines or engines for liquids: using wave energy: using the relative movement between a wave-operated member and another member: wherein both members are movable relative to the sea bed or shore

F

03

B

13/22

machines or engines for liquids: using wave energy: using the flow of water resulting from wave movements, e.g. to drive a hydraulic motor or turbine

F

03

B

13/24

machines or engines for liquids: using wave energy: to produce a flow of air, e.g. to drive an air turbine

F

03

B

13/26

machines or engines for liquids: using tide energy

F

03

D

all

machines or engines for wind: wind motors

F

03

G

4/00

machines or engines: devices for producing mechanical power from geothermal energy

F

03

G

6/00

machines or engines: devices for producing mechanical power from solar energy

F

24

J

2/00

heating; ranges; ventilating: use of solar heat, e.g. solar heat collectors

F

24

J

3/00

heating; ranges; ventilating: other production or use of heat, not derived from combustion

H

01

L

31/04

semiconductor devices; electronic solid state devices: semiconductor devices: adapted as conversion devices

Waste Water Treatment and Fuel Cell Technology

Category

Class

Subclass

Group

Description

C

02

F

9/00

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage

C

02

F

9/02

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving a separation step

C

02

F

9/04

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving at least one step being a chemical treatment

C

02

F

9/06

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving at least one step being an electrochemical treatment

C

02

F

9/08

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving at least one step being a physical treatment

C

02

F

9/10

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving at least one step being a thermal treatment

C

02

F

9/12

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving at least one step being an irradiation or treatment with electric or magnetic fields

C

02

F

9/14

treatment of water, waste water, sewage, or sludge: multistep treatment of water, waste water or sewage involving at least one step being a biological treatment

H

01

M

8/08

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: fuel cells with aqueous electrolytes

H

01

M

8/10

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: fuel cells with solid electrolytes

H

01

M

8/12

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: fuel cells with solid electrolytes operating at high temperature, e.g. with stabilised ZrO2 electrolyte

H

01

M

8/14

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: fuel cells with fused electrolytes

H

01

M

8/16

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: biochemical fuel cells, i.e. cells in which micro-organisms function as catalysts

H

01

M

8/18

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: regenerative fuel cells

H

01

M

8/20

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: indirect fuel cells, e.g. redox cells

H

01

M

8/22

basic electric elements; processes or means (e.g. batteries) for the direct conversion of chemical energy into electrical energy: fuel cells in which the fuel is based on materials comprising carbon or oxygen or hydrogen and other elements; fuel cells in which the fuel is based on materials comprising only elements other than carbon, oxygen, or hydrogen