Kilpatrick Townsend

Insights: Publications

CAFC Decision in CardioNet Should Make More Accurate Diagnostics Patentable

IP Watchdog

July 16, 2020

Written by David B. Raczkowski, Ph.D. and David D. Hsu, Ph.D.

A strategy for the COVID-19 pandemic is testing for antibodies to determine possible immunity. Such diagnostic tests may suffer from a high false positive rate. Improving accuracy is therefore desirable. However, the U.S. Patent and Trademark Office is generally not receptive to diagnostic claims that improve accuracy. The recent case of CardioNet v. Infobionic, makes patenting more accurate diagnostics easier.

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