Medical Device Patents Surging, Industry Players Forecast The Future
With recent changes to US patent laws, a landmark US Supreme Court decision, and the emergence of so-called “patent trolls” in the medical device community, it seems everyone is talking patents. Medical device patents and litigation are “booming,” according to industry experts, and medtech companies need to pay close attention.
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While the PSA test is still widely recognized as a valuable prostate cancer screening tool, its dismal accuracy record has created an acute need for more effective and informative alternatives, and the field of molecular diagnostics, based on gene-based biomarkers, is leading the charge.
Although Myriad says the Supreme Court’s recent ruling that isolated genes can’t be patented does not leave its BRCA1 and BRCA2 assays unprotected, other diagnostic companies are now incorporating the genes into their tests for the likelihood of inheriting cancer at a fraction of the previous cost.
Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can be.