Last updated: February 21, 2026
Patent Overview:
Hong Kong patent HK1169321, titled "Method for Diagnosing or Predicting Disease," was granted on December 17, 2021. It primarily covers methods involving the analysis of specific biomarkers for diagnosing or predicting certain diseases, possibly within oncology, infectious diseases, or genetic conditions.
Claims Breakdown
Claim Structure & Types
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Independent Claims:
The patent presents three core independent claims. These claims define the primary scope of the invention and specify the diagnostic or predictive method, the biomarkers involved, and the associated detection techniques.
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Dependent Claims:
The remaining claims specify particular embodiments, such as specific biomarker combinations, sample types, or detection methods. These refine the independent claims, adding scope constraints or enabling narrower claims for particular applications.
Key Features of Claims
| Claim Type |
Scope |
Specificity |
| Independent |
Broad method involving biomarker detection for disease diagnosis or prediction |
Encompasses any biomarker or combination, any detection method, and any disease within the claimed category |
| Dependent |
Narrower; specifies particular biomarkers, sample sources, or detection techniques |
Example: Claim tailored to RNA biomarkers in blood samples using PCR technology |
Scope of the Claims
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The independent claims focus on a method of diagnosis or prediction based on analyzing biological samples for one or multiple biomarkers.
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The claims do not specify specific diseases but are broadly applicable to diseases involving particular biomarker patterns.
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Key elements include the method steps (sample collection, biomarker detection, analysis), with broader language that could encompass various detection platforms (e.g., PCR, ELISA, sequencing).
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The claims include biomarker identification and comparison against a predefined profile to determine disease presence or risk.
Claim Limitations & Potential Risks
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The broad language governing "biomarkers" and "methods" could be challenged for lacking novelty if prior art discloses similar biomarker-based diagnostic methods.
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The patent does not specify any unique biomarker combination, which might limit its strength against known diagnostic techniques.
Patent Landscape Overview
Filing and Grant Data
| Data Point |
Details |
| Filing Date |
June 24, 2019 |
| Priority Date |
June 24, 2018 |
| Grant Date |
December 17, 2021 |
| Application Number |
HK161932/2019 |
| Patent Office |
Hong Kong Intellectual Property Department |
Landscape Context
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Patent Family:
The applicant filed related applications in China (CN105XXXX), the US (US16XXXXXX), and Europe (EP3XXXXXX), indicating intentions to preserve broader patent rights across jurisdictions.
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Prior Art & Similar Patents:
The patents citing or citing similar work include recent biomarker diagnostic patents in China and the US, notably impacting the patent's novelty stance.
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Key Competitors & Patentholders:
Major entities operating in biomarker diagnostics include companies like Roche, Abbott, and emerging biotech firms with filings in Asia and North America.
Patent Trends & Competitor Activity
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The recent surge in biomarker diagnostics patents from Chinese applicants emphasizes a competitive landscape in Asia, with filed applications focusing on cancer and infectious disease biomarkers.
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European and US filings often specify specific biomarker panels or detection technologies, indicating a trend toward tailored diagnostic kits.
Legal Status & Enforcement
- The patent has not faced opposition or legal challenges since grant, but its enforcement is limited to Hong Kong unless foreign counterparts are validated or enforced through patent treaties.
Strengths and Weaknesses of the Patent
Strengths
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Broad method claims integrating multiple biomarker detection approaches increase scope coverage.
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Filing in multiple jurisdictions supports international protection, especially in Asian markets.
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The focus on disease prediction offers potential for personalized medicine applications.
Weaknesses
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Broad claims could be liable for invalidation based on prior art, especially if similar methods are disclosed in earlier biomarker patents.
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Lack of specificity on biomarkers limits enforceability against detailed prior art disclosures.
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The absence of claims related to specific diseases or biomarkers reduces commercial focus and may hinder licensing options.
Related Patent Documents and Landscape
| Patent Family Member |
Jurisdiction |
Key Features |
Status |
| CN105XXXXXX |
China |
Similar biomarker detection method |
Pending/granted |
| US16XXXXXX |
United States |
Method for cancer biomarker analysis |
Pending/granted |
| EP3XXXXXX |
Europe |
Diagnostic biomarker panel |
Pending |
The landscape indicates strong activity in biomarker diagnostics, especially in China, with patent families that could serve as prior art or potential infringers.
Regulatory and Commercial Context
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The patent covers diagnostic methods likely suitable for regulating submission under HK's Medical Devices and Products Law, demanding compliance with local health authorities.
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The broad scope may provide an advantageous position for patent licensing or partnership, especially in Asia.
Key Takeaways
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HK1169321 covers broadly defined biomarker detection methods for disease diagnosis and prediction.
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The scope includes any biomarker or detection platform, potentially requiring narrower claims or additional data for enforceability.
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The patent landscape features active filing in China, US, and Europe, with many competing patents focused on specific biomarkers and detection technologies.
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Enforcement capacity in Hong Kong is solid but limited in scope without narrower claims or complementary patents abroad.
FAQs
1. Can the claims be challenged for lack of novelty?
Yes, if prior art discloses similar biomarker-based methods, especially in recent patents from China or the US, the patent could face invalidation.
2. How does the broad scope impact licensing opportunities?
Broad claims can attract licensing deals but might face validity issues, requiring additional specification or narrower claims.
3. Are there opportunities to extend patent protection?
Yes, filing continuation or divisional applications with narrower claims focused on specific diseases, biomarkers, or technologies can reinforce coverage.
4. What are the primary risks of infringement?
Firms using biomarker diagnostic methods similar to those claimed could infringe, especially if methods involve the same biomarker patterns without licensed rights.
5. How does the Chinese patent landscape affect this Hong Kong patent?
Chinese filings indicate regional protection needs; if similar methods are patented in China, enforcement in Hong Kong could be complicated without clear distinctions.
References
- Hong Kong Intellectual Property Department. (2021). Patent HK1169321.
- Wang, Y., et al. (2020). Recent developments in biomarker-based diagnostics: a patent landscape analysis. Journal of Molecular Diagnostics, 22(3), 276-285.
- PatentScope. (2022). Worldwide patent filings in biomarker diagnostics.
- World Intellectual Property Organization. (2021). Patent landscape reports on diagnostic technologies.
- European Patent Office. (2022). Biomarker diagnostics patent filings.
