2021 years 6 month 8 day, The full Bench of the Federal Court of Australia made the ruling, in Ariosa Diagnostics, Inc (Ariosa) v Ors v Sequenom, Inc (Sequenom) In the case, Sequenom A test of maternal plasma in fetuses DNA The subject matter of the patent is patentable, but Ariosa The results of the tests carried out overseas were not infringed Sequenom patent.

        The full court has confirmed, Sequenom The invention covers detecting fetuses in maternal plasma DNA For diagnostic tests, The method is patentable in Australia.

        When the ruling was issued, There is some disagreement on whether the object is patentable. Equivalent patent (equivalent patent) In the United States is considered an unpatentable object, Because it was deemed invalid. In the UK, Although the equivalent patent is deemed valid, But the test for patentable objects is slightly different. The decision of the Full Tribunal confirmed Australia's position, And further clarified the boundaries of the High Court's decisions in such cases, The nature of separation DNA The sequence itself cannot be patented (D'Arcy v Myriad case) .

        Reprinted from China Intellectual Property Network

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