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The blockbuster model for pharmaceuticals is slowly being superseded by personalised medicine.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 above.

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 business, it...



Only subscribers have complete access to Managing IP Magazine, log in or subscribe now.

Alternatively take a free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).

Subscribe Now

This article is available to subscribers. Please click subscribe to read the rest of the article.

Subscribe

Take a free trial

Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.

Take a free trial


More from the Managing IP blog


June 2013

The Madrid Protocol comes of age

India’s accession means the Madrid Protocol now covers more than two-thirds of the world’s population. Is this the tipping-point for the international trade mark system, and what reforms are needed? Emma Barraclough, James Nurton and Alli Pyrah report



Most read articles

Poll

Following the US Apple v Samsung trial, do you think juries should play a role in patent cases?







Supplements