Pronota is to receive patent on bio­mark­er for diag­nos­t­ing renal fail­ure in the US despite Prometheus

Ghent, Belgium – 6 June 2013 – 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.

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