Why Patent Judges Should Be Scientists Too
Patents are the lifeblood of biotechnology, the force that motivates companies to develop innovative medical treatments and bring them to market. The trouble is that these patents must be enforced in a court system that isn’t set up to adjudicate highly technical matters—resulting in rulings that seem arbitrary or even scientifically suspect.
The U.S. Court of Appeals for the Federal Circuit last year invalidated a patent held by the biotechnology firm Sequenom for a new technique in prenatal testing. The company had years earlier discovered the presence of fetal DNA in once-discarded maternal blood plasma. Testing that DNA would allow a doctor to diagnose such things as Down syndrome in utero, using only the mother’s blood instead of an invasive procedure.
The U.S. Court of Appeals for the Federal Circuit last year invalidated a patent held by the biotechnology firm Sequenom for a new technique in prenatal testing. The company had years earlier discovered the presence of fetal DNA in once-discarded maternal blood plasma. Testing that DNA would allow a doctor to diagnose such things as Down syndrome in utero, using only the mother’s blood instead of an invasive procedure.