The United States Patent and Trade Office (USPTO) has allowed Pronota’s patent for the use of a blood-based biomarker LG3 in the decision-making process for the treatment of renal dysfunction.
This is a major step forward for Pronota as it reconfirms the patentability of the use of biomarkers.
A decision of the US Supreme Court in Mayo vs. Prometheus in March 2012 had questioned the patentability of the use of biomarkers as patents on diagnostic methods were regarded as claiming a natural law or phenomenon.
The diagnostic industry had been startled by this decision as use of biomarkers was seen as being directed to non-patentable subject-matter.
In close collaboration with the Biotech specialists of US agent Knobbe Martens Olson & Bear LLP (US), the European Patent Attorneys of Boxall IPM (UK) and De Clercq & Partners (Belgium), have now succeeded in reformulating the diagnostic method claims into an allowable format.
These claims provide Pronota with the protection it needs in the US to develop a test which will provide the clinicians with better tools for the evaluation and monitoring of treatment of renal dysfunction.