DiagnoCure receives new U.S. patent for PCA3 prostate cancer biomarker portfolio

Jun 16 2011

DiagnoCure, Inc. (TSX: CUR), a life sciences company commercializing high‐value cancer diagnostic tests and delivering laboratory services, today reported the issuance of a new U.S. patent, which represents a significant addition to DiagnoCure's PCA3 prostate cancer biomarker portfolio. Moreover, in addition to providing greater patent protection, this new patent bears an extended expiration date that lengthens by 20 months the term of the license that DiagnoCure granted to its commercial partner, Gen-Probe.

This new U.S. patent, 7,960,109 "mRNA Ratios in Urinary Sediments and/or Urine as a Prognostic and/or Theranostic Marker for Prostate Cancer", covers the particularities of the quantitative urinary test developed by Gen-Probe. This test allows the determination of a PCA3 score in urine following a digital rectal examination, and indicates the probability of finding cancer in a prostate biopsy by associating a higher score with a greater probability of a positive biopsy, with a much greater precision than the traditional PSA test.

The term of the license agreement with Gen-Probe is tied to the last-to-expire licensed patents. An adjustment of 602 days (20 months) beyond the usual 20-year patent term has been allowed by the United States Patent and Trademark Office (USPTO) on the US patent 7,960,109, due to the length of time the USPTO took to issue the patent.  As a result, since this is now the patent with the latest expiration date, the duration of the Gen-Probe license will be extended to August 2027.