Pronota Is to Receive Patent on Biomarker for Diagnosing Renal Failure in the US Despite Prometheus
GHENT, Belgium, June 6, 2013 /PRNewswire/ –
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.
Pronota NV develops first-in-class or best-in-class diagnostics for early detection of
life-threatening conditions and unmet medical needs including pre-eclampsia, cardio-renal
syndrome, ovarian cancer and sepsis. Our non-invasive, validated, diagnostics are focused
on improving quality of care for patients. Backed by a solid base of investors including
GIMV, LSP, KBC Private Equity and JJDC, and a wide network of renowned key opinion
leaders, we are committed to making a difference in diagnosis and personalized healthcare.