Intellectual property considerations for molecular diagnostic development with emphasis on companion diagnostics

ABSTRACTIntroduction: The development of molecular diagnostics is a complex endeavor, with multiple regulatory pathways to consider and numerous approaches to development and commercialization. Companion diagnostics, devices which are “essential for the safe and effective use of a corresponding drug or diagnostic product” (see U.S. Food & Drug Administration, In Vitro Diagnostics - Companion Diagnostics, U.S. Dept. of Health & Human Services(2016), available at https://www.fda.gov/medicaldevices/productsandmedicalprocedures/invitrodiagnostics/ucm407297.htm) and complementary diagnostics, which are more broadly associated with a class of drug, are becoming increasingly important as integral components of the implementation of precision medicine.Areas covered: The following article will highlight the intellectual property (‘IP’) considerations pertinent to molecular diagnostics development with special emphasis on companion diagnostics.Expert opinion/commentary Summary: For all molecular diagnostics, intell...