PainChek® announced today the United States Patent Office has issued a Notice of Allowance for its pain assessment invention. This indicates that patent prosecution has been successfully completed. The patent, when granted, will allow PainChek® to protect the intellectual property of its invention in the United States and provides a platform for growing the brand in international markets.


The US patent, when granted, gives PainChek® exclusive rights to exclude others from making, using, selling or importing the invention for 20 years from the filing date in the US (17 February 2017).

According to Philip Daffas, PainChek® CEO, the patent is the latest in a series of growth milestones for the company in 2019.

“After working on this application since early 2017, our team is delighted with the United States Patent and Trademark Office (USPTO) grant. The PainChek® technology effectively gives a voice to people who can’t verbalise their pain and this patent will further expand our commercial efforts,” said Mr Daffas.

US granted Patent allowance

The announcement comes as PainChek® is also on track to obtain United States FDA De Novo regulatory clearance in 2020. The De Novo process provides a regulatory pathway for PainChek®to market the adult version App in the US.

“Our ongoing De Novo application confirms we are a first in kind from a regulatory standpoint and the granting of the US patent confirms that we are first in kind from an intellectual property standpoint.”

From a business perspective, the US is the largest medical device market in the world and more than six million people are living with dementia. Establishing our intellectual property in the US is a crucial step forward as part of protecting and growing the PainChek® brand internationally,” added Mr Daffas.

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PainChek® is currently completing national filings for the same patent in Australia, China, Europe, Japan and the United Kingdom.

The PainChek® Adult App is now in clinical use in more than 80 residential aged care homes across Australia helping to better assess pain severity levels for residents living with dementia and cognitive impairment.

Earlier this year, the Australian Federal Government announced it will invest A$5M to facilitate the implementation of the company’s pain recognition app in Australian Aged Care Facilities. The Company has also entered the United Kingdom market through a distribution agreement with leading Aged Care software provider Person Centred Software.