With reference to announcement no. 8, 2012, the European Patent Office (EPO) has set the date of processing of the appeal concerning rejection of BioPorto’s NGAL cutoff patent, issued in Europe. The case is set at the EPO Boards of Appeal on August 27, 2013.
The decision specifying that the patent is to be withdrawn is based on an assessment by the EPO’s Opposition Division that the patent is insufficiently described (Art. 83 of the EPC). The EPO’s Opposition Division justifies this by also stating that:
This argument is still based on an erroneous calculation of the specificity, which results in the diagnosis of much too large a share of patients who do not have a renal affection as having a renal affection. This same calculation error was found in the Opposition Division’s preliminary and non-binding opinion and has not been changed, despite BioPorto’s information stating that this error leads to a completely erroneous result.
It is not the purpose of the invention to differentiate between different types of renal affection as the decision implies. The method is capable of diagnosing a renal affection, regardless of the type of renal affection, with sufficient probability for a diagnostic assay.
On the other hand, the Opposition Division finds that there is sufficient basis in the patent for:
Additional material has been submitted and the EPO Boards of Appeal can issue a preliminary and non-binding opinion prior to the proceedings. If so, BioPorto will evaluate the preliminary opinion when it has been issued.
For further information, please contact:
Christina Thomsen, Investor Relations
Thea Olesen, CEO
Tel. +45 4529 0000, e-mail firstname.lastname@example.org