The Madras High Court has ordered grant of patent to Chinese University of Hong Kong and American company Sequenom Inc with respect to an invention related to determining ‘foetal fraction’ through analysis of fragments of nucleic acid molecules taken from a biological sample containing both foetal and maternal DNA.
Justice Senthilkumar Ramamoorthy allowed a joint appeal filed by them and set aside an order passed by the Assistant Controller of Patents and Designs in Chennai on March 31, 2021. The Assistant Controller had rejected the patent application on the ground that the invention was a diagnostic method and hence ineligible for patent.
However, differing with the view, Justice Ramamoorthy held that the invention was per se incapable of identifying the existence or otherwise of a disease, disorder or medical condition and since further testing would be required for such purpose, it would not become ineligible for patent under Section 3(i) of Patents Act, 1970.
