English court invalidates HGS’s gene-sequencing patent
This article was originally published in Scrip
Executive Summary
An English judge has declared invalid a Human Genome Sciences (HGS) patent disclosing the nucleotide and amino acid sequence of a novel member of the TNF ligand superfamily known as Neutrokine-alpha. Among the arguments Mr Justice Kitchin accepted from Lillywas that the invention was not capable of industrial application as required under patent legislation. He also found that the patent was invalid for insufficiency and obviousness.