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

KEI comments to FDA on Prospective Exclusive Patent License for Diagnostic for SARS, SARS-CoV-2, Other Viruses, Bacteria and Bacterial Serovar, to Advion

To: Ken Millburne Technology Transfer Program Food and Drug Administration Via email: Kenneth.millburne@fda.hhs.gov From: James Love Knowledge Ecology International 1621 Connecticut Avenue NW, Suite 500 Washington, DC 20009 https://keionline.org Date: November 30, 2020 Re: Prospective Grant of an Exclusive Patent… Continue Reading

WTO TRIPS Council – 20 November 2020 – South Africa’s defense of the TRIPS waiver

On Friday, 20 November 2020, the World Trade Organization (WTO) convened an informal, virtual meeting of the TRIPS Council to discuss a proposal (IP/C/W/669) co-sponsored by Eswatini, India, Kenya, and South Africa for a waiver from certain provisions of the… Continue Reading

KEI Comments on Proposed Exclusive License to Connectyx for Degenerative Retinal Disease Treatment

On November 6, 2020, Knowledge Ecology International (KEI) submitted comments to the National Institutes of Health (NIH) regarding the, “Prospective Grant of an Exclusive Patent License: Development of a Direct Ocular Administered Formulation of Metformin for Use in Therapeutic Treatment… Continue Reading

$1 Billion Johnson & Johnson COVID-19 Contract Weakens IP and Data Protections for Taxpayers

On November 7, 2020, the Department of Health and Human Services (HHS) posted another COVID-19 vaccine contract: the $1 billion agreement between Janssen Pharmaceutical (a component of Johnson & Johnson (“J&J”)) and the U.S. government (through an intermediary called Advanced… Continue Reading

Regeneron COVID-19 Contract Weakens the Government’s Rights in Data

On November 5, 2020, Regeneron Pharmaceuticals published a redacted version of the contract awarding the company $450 million taxpayers’ dollars for the large-scale manufacture of Regeneron’s investigational COVID-19 antibody treatment. The contract uses Other Transactions Authority to weaken the U.S.… Continue Reading

Regeneron $450 million contract with Advanced Technology International has Patent Rights Clause that Narrows Government Rights in Patented Inventions

A contract between Regeneron and Advanced Technology International (ATI) involving $450 million in taxpayer funding uses the “Other Transactions Authority” or OTA, to avoid Bayh-Dole safeguards on patent rights. ATI is entering into purchase agreements on behalf of the Department… 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