Patent World Magazine
The plausibility question
Bratin Roy of Bristows comments on the Court of Appeal case which confirmed the invalidity of a gene sequence patent
In the first UK case dealing with the validity of a gene sequence patent, the Court of Appeal has upheld the High Court’s
view that the patent in question was invalid for lack of industrial applicability. The decision in
Eli Lilly and Company v Human Genome Sciences  EWCA Civ 33 was made despite the European Patent Office (EPO) upholding the same patent, and could have important
consequences for the fate of other patents in this important and often controversial area.