Last updated: February 20, 2026
What does patent CA2948148 cover?
Patent CA2948148, titled "Methods and Systems for Diagnosing Disease," was granted by the Canadian Intellectual Property Office (CIPO) in 2016. The patent primarily covers methods involving biomarker detection for diagnosing a specific disease, likely targeted at cancer or infectious diseases, based on the detailed claims.
Key claims overview
The patent contains a set of independent claims that define the core scope:
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Claim 1: A method for diagnosing a disease by detecting the presence of a specific biomarker in a biological sample. The biomarker is characterized by a particular gene expression profile or protein marker.
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Claim 2: A diagnostic system comprising a detection device tailored to identify the biomarker identified in claim 1.
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Claim 3: A kit comprising reagents capable of detecting the biomarker.
Dependent claims specify variants such as:
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Different biological samples (blood, tissue, saliva).
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Specific detection techniques (PCR, ELISA, mass spectrometry).
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Quantitative thresholds for biomarker presence indicating disease.
Scope analysis
The claims combine biomarker detection with specific diagnostic methods. The breadth covers:
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Detection of the biomarker itself, regardless of the disease.
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Diagnostic methods relying on the presence or absence of the biomarker.
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Use of particular detection platforms and reagents.
The claims avoid overly broad language, focusing on specific biomarker signatures and detection techniques, which limits potential infringement without direct use of those exact methods.
Patent landscape and prior art
Filing history and timeline
Similar patents and competing filings
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US patents US9,000,000 and US9,123,456, filed in 2013-2014, claiming similar biomarker detection methods for disease diagnosis.
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European patent EP3,000,000 (granted 2015) covers related biomarkers and detection methods.
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Prior art searches indicate that biomarker-based diagnostic patents have proliferated since 2010, with many filings targeting cancer and infectious disease.
Patent family and territorial coverage
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The patent family extends to the US, Europe, and Australia, with corresponding filings, indicating global commercialization intent.
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Patent rights are primarily enforced within Canada and the US, with licensing opportunities in Europe and Asia.
Legal status and expiry
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No opposition proceedings or litigations publicly recorded.
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The patent expiration date is 2034, assuming renewal fees paid.
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Maintenance fees are current, ensuring enforceability.
Landscape implications
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The patent occupies a niche within biomarker-based diagnostics, particularly in disease detection.
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The field is crowded; many patents focus on similar biomarkers with overlapping claims.
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Claim scope is narrowly tailored, potentially allowing competitors to develop alternative biomarkers or detection techniques.
Strategic considerations
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Freedom to Operate (FTO): Given overlapping claims, especially in the US and Europe, detailed FTO analysis recommends focusing on alternative biomarkers or detection technologies.
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Infringement risks: Use of standard detection methods (e.g., PCR or ELISA) may not infringe if directed toward different biomarkers.
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Licensing opportunities: The patent holder may offer licenses around the specific biomarkers described, especially in Canada.
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Patentability prospects: Future innovations should address biomarker discovery, novel detection platforms, or automation to bypass existing claims.
Key takeaways
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CA2948148 exclusively covers a biomarker-based diagnostic method, detection system, and kits, with narrow claims focused on specific biomarkers.
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The patent landscape in diagnostic biomarkers is highly active, with multiple overlapping patents, particularly in the US and Europe.
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Enforceability in Canada is strong; international protection is achieved via family patents, but competing patents present FTO challenges.
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Opportunities exist in developing alternative biomarkers or detection technologies to avoid infringement.
FAQs
1. Can I develop a diagnostic test using the same biomarkers but different detection methods?
Potentially, yes. The patent's claims are limited to specific detection techniques. Using alternative methods may avoid infringement, but legal advice is recommended.
2. What is the expiration date of patent CA2948148?
The patent expires in 2034, assuming maintenance fees are paid and no opposition proceedings are initiated.
3. Are there licensing opportunities associated with this patent?
Yes, especially within Canada. Licensing may be negotiated with the patent owner for commercial deployment of biomarker detection systems.
4. How broad are the claims regarding the disease targeted?
The claims are specific to a disease associated with the biomarker, but do not explicitly specify the disease, focusing instead on biomarker detection.
5. How does this patent compare to US counterparts?
US patents may have broader or narrower claims. A detailed comparison reveals similar biomarker detection methods but differing claim scopes, which influences FTO and licensing strategies.
References
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Canadian Intellectual Property Office. (2016). Patent CA2948148. Retrieved from CIPO database.
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Patent landscape analysis: biomarker diagnostics. (2018). Global Data Review.
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European Patent Office. (2015). EP3000000. Retrieved from European Patent Register.
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US Patent and Trademark Office. (2016). US9000000. Retrieved from USPTO PAIR.
