Diagnostics

The cross-discipline nature of many diagnostic inventions requires a highly experienced multidisciplinary IP team to provide protection and enforcement.

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The cross-discipline nature of many diagnostic inventions requires a highly experienced multidisciplinary team to provide valuable and robust IP protection.

Diagnostic inventions often encompass assays or methods that indicate the presence, absence, progression or regression of a disease or condition. They include in vivo methods, such as medical imaging techniques, and in vitro or ex vivo assays, which usually rely on measuring the presence, absence or concentration of one or more biomarkers.

While diagnostics are often of critical importance to human health, they can be are notoriously difficult to patent and enforce in many jurisdictions, notably in the United States, China and Canada. In Australia, diagnostic methods are patentable subject matter, although such methods should be carefully claimed in order to obtain commercial valuable and robust patent protection. In New Zealand, diagnostic methods are patentable subject matter depending upon how the method is performed. 

At Shelston IP, we are highly experienced in protecting diagnostic inventions. We have been at the forefront of many leading decisions in this evolving area of patent law in Australia, and our foreign registered attorneys bring a wealth of international experience. Moreover, our life sciences specialist attorneys frequently work alongside our materials, engineering or electronic specialist teams to ensure we fully capture multidisciplinary diagnostic inventions, such as diagnostic devices.

Our breadth of expertise ensures we navigate the nuances of both foreign and local patent law to provide you with the most effective intellectual property strategy to maximise protection for your diagnostic technology.