BioPorto Diagnostics diagnostic news
BioPorto said that the European Patent Office (EPO) rejected the company's European Patent No. EP1831699, covering a method of diagnosing renal disorders by applying a cutoff when measuring the concentration of the lipocalin ( LCN2; NGAL) biomarker. BioPorto and its patent attorney, Suzzane Hoiberg, plan to appeal the decision in late September. The company said the patent will remain valid until a final decision on the appeal, which it expects to be processed in 2014.
The EPO's opposition division found that the patent is insufficiently described. Specifically, the EPO said that the patent's cut-off threshold value of 250 ng/mL NGAL is too low, and patients will incorrectly be classified as having renal affection. However, BioPorto argues that the EPO's determination is based on an erroneous calculation of the specificity. The EPO also found that it has not been rendered probable that the method can diagnose all types of renal affection, such as chronic kidney injury, but the company said the purpose of the method is not to differentiate between types of renal affection. ...