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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): May 27, 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)) |
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).
| 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 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
May 27, 2026, bioAffinity Technologies, Inc., a Delaware corporation, issued a press release announcing that it has received notification
of allowance from the Mexican Institute of Industrial Property for a patent application related to methods of predicting the likelihood
of lung cancer using flow cytometry.
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 May 27, 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:
May 27, 2026 |
BIOAFFINITY
TECHNOLOGIES, INC. |
| |
|
| |
By: |
/s/
Maria Zannes |
| |
Name: |
Maria
Zannes |
| |
Title: |
President
and Chief Executive Officer |
Exhibit
99.1
bioAffinity
Technologies Announces Notification of Mexico Patent Allowance Covering Novel Lung Cancer Detection Methods Using CyPath®
Lung Technology
Strong
intellectual property portfolio helps build shareholder value
Patent
strategy protects CyPath® Lung’s flow cytometry-driven diagnostic approach in international markets
SAN
ANTONIO, Texas – May 27, 2026 – bioAffinity Technologies, Inc. (Nasdaq: BIAF; BIAFW), a biotechnology company
advancing early-stage cancer diagnostics including CyPath® Lung, the Company’s commercially available test
for early-stage lung cancer, today announced it has received notification of allowance from the Mexican Institute of Industrial Property
for a patent application related to methods of predicting the likelihood of lung cancer using flow cytometry.
Upon
issuance, the Mexican patent application will protect 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 sputum.
“This
patent expands our global intellectual property portfolio and protection of CyPath® Lung’s proprietary approach
to detecting lung cancer at its earliest and most treatable stages,” said Maria Zannes, President and CEO of bioAffinity Technologies.
“The integration of advanced cell biology, flow cytometry and AI into an easy-to-use, noninvasive test clearly differentiates our
technology, which is designed to support clinicians in evaluating indeterminate pulmonary nodules and high-risk patients.”
CyPath®
Lung uses flow cytometry and artificial intelligence with at-home sample collection to assess indeterminate pulmonary nodules in high-risk
patients. Physicians are adding CyPath® Lung to the clinical pathway to help risk stratify patients, reduce patient anxiety,
support surgical and treatment decision-making, and reduce overall healthcare costs.
The
patent further strengthens the Company’s intellectual property (IP) portfolio supporting its flow cytometry-based CyPath®
Lung diagnostic platform, which now includes multiple patents in the United States, the European Union, China, Japan, Australia, Canada
and Mexico. “Strong intellectual property protection for CyPath® Lung benefits
not only patients and their physicians, but also supports value creation for our shareholders,” Ms. Zannes said.
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. The high NPV gives physicians greater confidence that
a negative result is truly negative, potentially sparing patients from unnecessary invasive and costly procedures. 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), 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 risk that pending patent applications may not result in issued patents, changes in the regulatory framework governing
Laboratory Developed Tests including potential increased FDA oversight, the Company’s ability to successfully commercialize CyPath®
Lung in domestic and international markets, the Company’s ability to realize value from its international intellectual property
portfolio, the sufficiency of the Company’s capital resources, and the 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