A Spanish patents court rules for the first time on the sometimes blurry line dividing “discoveries” and “inventions”. The Court found that a method for prenatal diagnosis based on the discovery that sufficient fetal DNA can also be detected in maternal serum or plasma is a non-patentable discovery, because it lacks any “additional technical teaching” beyond that discovery. Interestingly, the High Court of Justice of England and Wales has reached the exact opposite decision in respect of the same patent.
Case date: 12 September 2017
Case number: AJM B 75/2017
Court: Commercial Court of Barcelona
A full summary of this case has been published on Kluwer IP Law.