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UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): September 17, 2026
bioAffinity
Technologies, Inc.
(Exact
name of registrant as specified in its charter)
| Delaware |
|
001-41463 |
|
46-5211056 |
(State
or other jurisdiction
of
incorporation) |
|
(Commission
File
Number) |
|
(I.R.S.
Employer
Identification
Number) |
3300
Nacogdoches Road, Suite 216
San
Antonio, Texas 78217
(Address
of principal executive offices, including zip code)
(210)
698-5334
(Registrant’s
telephone number, including area code)
(Former
name or former address, if changed since last report)
Check
the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under
any of the following provisions (see General Instruction A.2. below):
| ☐ |
Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| |
|
| ☐ |
Soliciting material pursuant
to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| |
|
| ☐ |
Pre-commencement communications
pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| |
|
| ☐ |
Pre-commencement communications
pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
| Title
of each class |
|
Trading
Symbols |
|
Name
of each exchange on which registered |
Common
Stock, par value $0.007 per share
|
|
BIAF
|
|
The
Nasdaq Stock Market LLC
(Nasdaq
Capital Market) |
| |
|
|
|
|
| Warrants to purchase Common
Stock |
|
BIAFW |
|
The
Nasdaq Stock Market LLC
(Nasdaq
Capital Market) |
Indicate
by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405
of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging
growth company ☒
If
an emerging growth company, indicate by checkmark if the registrant has elected not to use the extended transition period for complying
with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.
Item
8.01. Other Events.
On
September 17, 2026, bioAffinity Technologies, Inc., a Delaware corporation (the “Company”), issued a press release announcing
that the Hong Kong Intellectual Property Department has granted a patent for the Company’s proprietary technology for predicting
the likelihood of lung cancer using flow cytometry and fluorescent markers to characterize cell populations in sputum.
A
copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.
Item
9.01. Financial Statements and Exhibits.
Exhibit
Number |
|
Description |
| 99.1 |
|
Press Release issued by bioAffinity Technologies, Inc., dated September 17, 2026 |
| 104 |
|
Cover Page Interactive
Data File (embedded within the XBRL document) |
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this Current Report on Form 8-K
to be signed on its behalf by the undersigned hereunto duly authorized.
| Date: September 17,
2026 |
BIOAFFINITY
TECHNOLOGIES, INC. |
| |
|
| |
By: |
/s/ Maria
Zannes |
| |
Name: |
Maria Zannes |
| |
Title: |
President and Chief
Executive Officer |
Exhibit 99.1
bioAffinity
Technologies Announces Grant of Hong Kong Patent for Company’s CyPath® Lung Noninvasive Lung Cancer Diagnostic
Dual
patent protection in Hong Kong and China strengthens CyPath Lung’s positioning to enter Asian market
Asia
accounts for nearly two-thirds of lung cancer cases worldwide
SAN
ANTONIO, Texas – September 17, 2026 – bioAffinity Technologies, Inc. (Nasdaq: BIAF; BIAFW), a biotechnology company
developing noninvasive healthcare solutions for the early detection and monitoring of lung disease, today announced that the Hong Kong
Intellectual Property Department has granted a patent for the Company’s proprietary platform technology for predicting the likelihood
of lung cancer using flow cytometry and fluorescent markers to characterize cell populations in sputum.
“The
grant of this patent in Hong Kong and the 2025 patent we received from China strengthen the intellectual property protection for our
technology in Asia, a region with a substantial burden of lung cancer,” said Maria Zannes, President and CEO of bioAffinity Technologies.
“With an estimated 1.6 million new lung cancer cases diagnosed annually across Asia,1 the region represents a significant
potential market for noninvasive technologies like CyPath® Lung that support earlier detection and more informed
clinical decision-making that can lead to better patient outcomes.”
Hong
Kong Patent No. HK40048460, titled “System and Method for Determining Lung Health,” covers, as described in the patent claims,
the use of defined antibodies and the porphyrin TCPP to label cell populations in sputum and the use of flow cytometry to determine the
presence of lung cancer cells in the sputum. The patented technology is the scientific foundation underlying CyPath Lung, which remains
the centerpiece of the Company’s commercial efforts, providing physicians with a noninvasive tool to assess the likelihood of malignancy
in lung nodules detected by low-dose CT scans and incidental imaging.
The
Hong Kong patent complements bioAffinity’s expanding global patent estate, which now covers multiple patents and pending applications
in the United States and other international jurisdictions, including Australia, Canada, China, the European Union, Japan, Mexico and
Singapore. Together, these patents safeguard the core technology that powers the CyPath Lung test and other diagnostics in the Company’s
pipeline.
1
Source: International Agency for Research on Cancer (IARC), World Health Organization, Global Cancer Observatory, GLOBOCAN
2022: Lung Cancer Fact Sheet.
About
CyPath Lung
CyPath
Lung by bioAffinity Technologies is a noninvasive test designed to improve the early detection of lung cancer in patients at high risk
for the disease. CyPath Lung uses advanced flow cytometry and proprietary artificial intelligence (AI) to identify cell populations in
patient sputum that indicate malignancy. CyPath Lung incorporates a fluorescent porphyrin that is preferentially taken up by cancer and
cancer-related cells. In a published clinical trial of high-risk patients, CyPath Lung demonstrated 92% sensitivity, 87% specificity,
88% accuracy and 99% negative predictive value (NPV) in detecting lung cancer in patients at high risk for the disease who had small
indeterminate lung nodules less than 20 millimeters. These clinical performance data relate to CyPath Lung’s use in the detection
setting and have not been separately validated for post-treatment surveillance. The high NPV may help inform physician decision-making
when evaluating whether further invasive procedures are warranted. CyPath Lung is marketed as a Laboratory Developed Test (LDT) and is
not intended for use as a sole diagnostic tool and should be considered alongside other clinical findings.
About
bioAffinity Technologies, Inc.
bioAffinity
Technologies, Inc. addresses the need for noninvasive diagnosis of early-stage cancer and other diseases of the lung and broad-spectrum
cancer treatments. The Company’s first product, CyPath Lung, is a noninvasive test that has shown high sensitivity, specificity
and accuracy for the detection of early-stage lung cancer. CyPath Lung is marketed as a Laboratory Developed Test (LDT) by Precision
Pathology Laboratory Services, a subsidiary of bioAffinity Technologies. LDTs are overseen under the Clinical Laboratory Improvement
Amendments (CLIA), which are administered by the Centers for Medicare & Medicaid Services. For more information, visit www.bioaffinitytech.com.
Forward-Looking
Statements
Certain
statements in this press release constitute “forward-looking statements” within the meaning of the federal securities laws.
Words such as “may,” “might,” “will,” “should,” “believe,” “expect,” “anticipate,”
“estimate,” “continue,” “predict,” “forecast,” “project,” “plan,” “intend”
or similar expressions, or statements regarding intent, belief, or current expectations, are forward-looking statements. These forward-looking
statements are subject to various risks and uncertainties, many of which are difficult to predict, that could cause actual results to
differ materially from current expectations and assumptions from those set forth or implied by any forward-looking statements. Important
factors that could cause actual results to differ materially from current expectations include, among others, the Company’s ability
to successfully commercialize CyPath® Lung or other diagnostic products in the United States or internationally; the Company’s
ability to obtain and maintain patent protection and defend its intellectual property rights in the United States and foreign jurisdictions;
uncertainties regarding the enforceability of patents in foreign jurisdictions, including Hong Kong and China; the Company’s ability
to obtain regulatory approvals or clearances required to market its products in international markets; the accuracy of third-party estimates
of market size and lung cancer incidence; the Company’s need for additional capital and its ability to obtain financing on acceptable
terms; and other factors discussed in the Company’s Annual Report on Form 10-K for the year ended December 31, 2025, and its subsequent
filings with the SEC, including subsequent periodic reports on Forms 10-Q and 8-K. Such forward-looking statements are based on facts
and conditions as they exist at the time such statements are made and predictions as to future facts and conditions. While the Company
believes these forward-looking statements are reasonable, readers of this press release are cautioned not to place undue reliance on
any forward-looking statements. The information in this release is provided only as of the date of this release, and the Company does
not undertake any obligation to update any forward-looking statement relating to matters discussed in this press release, except as may
be required by applicable securities laws.
Contact
bioAffinity
Technologies
Julie
Anne Overton
Director
of Communications
investors@bioaffinitytech.com