Sequemom has filed a request to transfer its case to the Supreme Court, asking the latter to review a Federal Court decision that non-invasive prenatal screening could not be patented because it failed to meet the required conditions. The question of method patentability is now in the hands of the Supreme Court. Will the Court uphold the Federal Court’s decision or will it decide that NIPS can be patented?
Sequenom describes the diagnostic method invented as “a test to detect genetic anomalies in the foetus at a very early stage in pregnancy in order to avoid invasive and dangerous methods, replacing these with a simple maternal blood test”.
National Law Review (29/03/2016)