- Court of Appeal agrees that DNA sequencing patents are inventive, not obvious (Illumina v Latvia MGI Tech)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Prior art
- Priority date
- Case details
IP analysis: The Court of Appeal held that the UK Patents Court was correct in finding that four DNA sequencing patents owned by Illumina were valid and infringed by MGI. The judgment provides further clarification on the approach the courts take to interpreting the relevant technical field when considering the prior art and common general knowledge. It also addresses the fine distinction between an invention being considered non-inventive by virtue of it being a ‘mere collocation’ of two obvious features and one which combines two features in a non-obvious manner, providing an unexpected result. Written by Mark Daniels, partner and Gavin Lock, associate at Browne Jacobson LLP.
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