Preliminary Review on the Patentability of the New Drugs and Vaccine, Patent Prosecution and Infringement Disputes under the Global COVID-19 Epidemic (III)
As the global COVID-19 pandemic strikes, drugs and vaccines are crucial for life-saving and patents undoubtedly are the key for their production. This article examines the patentability of small molecule compounds and chemical synthesis of COVID-19-related drugs; and then touches the patentability of the virus strain, vaccine compositions, and particular formulations. Also introduces COVID-19-related patent prosecution disputes, such as U.S. PTAB’s inter partes review on mRNA vaccine between Modena and Arbutus, Wuhan Institute of Virology’s first filed patent application in China for use of Remdesivir, Suzhou BrightGene Bio-Medical involving patent infringement by making synthetic Remdesivir. Last, briefing the patent infringement litigation filed by Allele Biotech against Pfizer, BioNTech and Regeneron for COVID-19 related fluorescent protein.