On April 1, 2014, the European Patent Office (EPO) decided that BioPorto’s NGAL cutoff patent no. EP1831699 did not meet the requirements for adequate description, see announcement no. 8 of April 1, 2014. BioPorto has received the grounds for invalidation, which is available from epoline.org, and has had the opportunity to assess the grounds. Based hereon, BioPorto maintains the assessment that the company still has a very strong patent portfolio in the NGAL area. First, the company has a number of other important patents (NGAL Exclusion, NGAL Ratio, NGAL Trauma and NGAL Forms patents) and second, the company has a divisional European NGAL cutoff patent application pending before the EPO, which covers the same area and has the same priority date as the invalidated patent. The company will seek to improve the shortcomings, which led to the invalidation. The amendments will be filed in September 2014 at the latest.
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