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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): October 8, 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
October 8, 2026, bioAffinity Technologies, Inc., a Delaware corporation (the “Company”), issued a press release announcing
that the Japan Patent Office has issued a Notice of Allowance, indicating its intention to grant a patent to the Company for the method
of predicting the likelihood of lung cancer powered by the CyPath® Lung test for early-stage lung cancer.
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 October 8, 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:
October 8, 2026 |
BIOAFFINITY
TECHNOLOGIES, INC. |
| |
|
| |
By: |
/s/
Maria Zannes |
| |
Name: |
Maria
Zannes |
| |
Title: |
President
and Chief Executive Officer |
Exhibit
99.1
 |
News
Release |
bioAffinity
Technologies Announces Notification of Japanese Patent Allowance Covering Noninvasive CyPath® Lung and AI-Built Algorithm
Company’s
expanding intellectual property portfolio strengthens protection for its early lung cancer diagnostic in Asia
Patent
strategy protects proprietary CyPath Lung flow cytometry+AI approach in international markets
SAN
ANTONIO, Texas – October 8, 2026 – bioAffinity Technologies, Inc. (Nasdaq: BIAF; BIAFW), a biotechnology company
focused on the need for noninvasive tests for the detection of early-stage lung cancer and other lung diseases, today announced that
the Japan Patent Office has issued a Notice of Allowance indicating its intention to grant a patent to bioAffinity Technologies for the
method of predicting the likelihood of lung cancer powered by the CyPath® Lung test for early-stage lung cancer.
The
Japanese patent application, titled “Detection
of Early-Stage Lung Cancer in Sputum Using Automated Flow Cytometry and Machine Learning,” will
be an important addition to bioAffinity Technologies’ patent portfolio, which includes 22 awarded U.S. and foreign patents and
36 pending patent applications related to its diagnostic platform and cancer treatment therapeutics. The Japanese patent will be the
first awarded in that country for CyPath Lung driven by an AI-built algorithm and the fifth patent protecting the Company’s early
lung cancer test awarded in Asia, including China and Hong Kong.
“The
Japanese patent for the CyPath Lung test strengthens and expands the Company’s intellectual property protection in the Asian market
by protecting our innovative, noninvasive test for early-stage lung cancer. We anticipate patents in additional geographic regions will
follow,” bioAffinity Technologies President and CEO Maria Zannes said. “Lung cancer is the deadliest cancer worldwide. We
believe CyPath Lung has the potential to improve the outcome for lung cancer patients around the globe through earlier detection when
treatment options are better. Strong intellectual property protection for the CyPath Lung test benefits not only patients and their physicians,
but also our shareholders and our Company. Our scientific team continues research and development on diagnostics that will open new markets
for bioAffinity Technologies.”
The
CyPath Lung test uses flow cytometry and artificial intelligence with at-home sample collection to assess indeterminate pulmonary nodules
in patients at high risk for lung cancer. Physicians are adding CyPath Lung to the clinical pathway to help risk stratify patients, reduce
patient anxiety, support surgical and treatment decisions, and reduce overall healthcare costs. Issuance of the patent is expected to
result after payment of the applicable issuance fee.
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 novel 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. 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), is not intended for use as a sole diagnostic
tool, and should be considered alongside other clinical findings. For more information, visit www.cypathlung.com
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. Forward-looking statements in this press release include, but are not limited to, statements regarding
the anticipated issuance of the Japanese patent and its timing and scope, assurance that the patent will provide the scope of protection
currently anticipated, the Company’s ability to obtain additional patents in other geographic regions, the strength, value and
enforceability of the Company’s intellectual property portfolio, the clinical and commercial potential and adoption of CyPath Lung,
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