Where can I get a diagnostics patent?
Following the Prometheus case in the US, Jason Rutt compares the approaches of nine different patent offices to diagnostics, and finds surprising variety
The blockbuster model for pharmaceuticals is slowly being superseded
by personalised medicine. Fundamental to the role of personalised
medicine is the field of diagnostics. It can seem a very broad field as
it includes: biomarkers per se; an assay capable of testing for a
biomarker; a method of diagnosis based on the comparison of patient
data with standard levels; the administration of a medicament until
biomarker levels show its been effective; the testing of an individual
for a predisposition for a disease or of a patient's suitability for a
particular treatment; and, finally, devices or kits for use in all the
Clearly, it is a diverse field in which there will be opportunities
for a range of inventions. In practice, however, the inventions will
rely on a small number of claim types: a method of diagnosis; and DNA
fragments (genes) per se. Because pharmaceuticals is a global
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