Foundational mRNA patents are subject to the Bayh-Dole Act provisions

Katalin Karikó and Drew Weissman are often described as the pioneers of the mRNA discoveries that underpin the first COVID-19 vaccines. In 2005 both scientists published a paper reporting that a slightly tweaked version of mRNA that can be administered… Continue Reading

U.S. Government funding of Lilly’s LY-CoV555 antibody against COVID-19

Lilly recently requested an emergency use authorization for LY-CoV555, an antibody treatment candidate against COVID-19. Like other COVID-19 candidates, the discovery of LY-CoV555 was heavily supported by the U.S. government. The government of Canada has also awarded millions to manufacture… Continue Reading

KEI panel on government funding of COVID drugs and vaccines at the Global Congress on Intellectual Property and the Public Interest

On October 5, 2020, KEI organized a panel about government funding of COVID-19 drugs and vaccines at the Global Congress on Intellectual Property and the Public Interest. Although the full Global Congress event was postponed to the year 2021, the… Continue Reading

DARPA announces investigation into Moderna’s failures to disclose mRNA vaccine patents.

(More on Moderna here: https://www.keionline.org/moderna) On August 28, 2020, KEI asked DARPA to investigate apparent failures to disclose U.S. government funding into Moderna’s patents and applications. The request, which was first covered by the Washington Post, and subsequently by Statnews,… Continue Reading

While a major victory for Australia and public health, the WTO Appellate Body failed to address the legal status of the Doha Declaration

On June 9, 2020, the World Trade Organization (WTO) Appellate Body circulated its reports relating to the Australia – Tobacco Plain Packaging cases. The reports issued the decision regarding the appeals brought by Honduras and the Dominican Republic against the… Continue Reading

Patents related to PX-UV, an R2-D2 look-alike robot that may disinfect public spaces from SARS-CoV-2

Texas-based company Xenex Disinfection Services, a manufacturer of robots that reportedly removes the SARS-CoV-2 virus from public spaces, has been making news lately. One of their robots, which uses ultraviolet lights to kill viruses and bacteria in surfaces and look… Continue Reading

Canadian Policy option that can permit the government to exercise rights in patents arising under procurement contracts in Canada, if “prior obligations” exist, and how that relates to WHO COVID-19 pooling proposal

In Canada, the foreground intellectual property arising under procurement contracts by default belongs to the contractor. However, there are several exceptions to this rule. One key policy provision allows the government to claim title of the foreground intellectual property “where…… Continue Reading

Legislative Committee in Ecuador approves resolution on compulsory licensing of patents relating to the coronavirus

For more on KEI’s work on COVID-19, see keonline.org/coronavirus. Today, the Education, Culture, Science and Technology Commission of the National Assembly in Ecuador approved a resolution asking the Minister of Health to issue compulsory licenses over patents related to coronavirus… Continue Reading