Item 2.02 Results of Operations and Financial Condition

On December 20, 2012, Atossa Genetics Inc. (the "Company") issued a press release reporting its earnings results for the third quarter of 2012, ended September 30, 2012. A copy of the press release is attached hereto as Exhibit 99.1 to this Form 8-K.

As provided in General Instruction B.2 of Form 8-K, Exhibit 99.1 is not deemed to be "filed" for purposes of Section 18 of the Securities and Exchange Act of 1934, as amended, and is not otherwise subject to the liabilities of that section and is not incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, except as shall be expressly set forth by specific reference in such a filing.

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

On December 17, 2012, the Board of Directors (the "Board") of the Company adopted an amendment to the Company's bylaws ("Bylaws"). The amendment inserts a new sentence into Article III, Section 12 of the Bylaws and states, "No Vice President shall be an officer of the Company solely by virtue of such position unless designated as an officer by the Board of Directors." The foregoing amendment became effective upon adoption of the Board's resolutions approving the amendment.

Item 9.01 Financial Statements and Exhibits.

Exhibit No. Description

3.1 Text of Amendment to Bylaws

99.1 Press Release of Atossa Genetics Inc., dated December 20, 2012