Patent War for Prenatal Tests

Four companies who have developed noninvasive genetic prenatal tests are fighting over who has the patent rights to the new and revolutionary techniques.

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This year alone has seen the arrival of three noninvasive tests for analyzing the DNA of a fetus, with a fourth expected to become available in the coming months. These new tests can detect genetic abnormalities, such as Down syndrome, as early as 10 weeks into the pregnancy, and could soon represent a market of more than $1 billion, according to Nature. With such high financial stakes, the four companies that have made these tests available are currently embroiled in a legal battle over who can patent the underlying technique, which involves scanning maternal blood for fetal DNA.

Back in January, Sequenom, a genetic diagnostics manufacturer based in San Diego, California, filed a lawsuit against San Jose-based Ariosa for patent infringement. Sequenom released its MaterniT21 ...

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