DARPA letter to KEI confirming investigation of Moderna for failure to report government funding in patent applications

On Friday, September 18, 2020, KEI received a letter from the Defense Advanced Research Projects Agency (DARPA) confirming that the agency was investigating Moderna for failure to report government funding in patent applications. The Financial Times and other outlets had… Continue Reading

KEI asks DOD to investigate failure to disclose DARPA funding in Moderna patents

(More on Moderna here: https://www.keionline.org/moderna) Luis Gil Abinader has taken a deep dive into Moderna’s surprising practice of never declaring government funding in its 126 patents and 154 patent applications, despite having had funding from multiple federal agencies. One outcome… Continue Reading

KEI receives seven new contracts for COVID 19 research from BARDA and DOD, including five using “Other Transactions Authority” that weaken or eliminate Bayh-Dole and FAR Safeguards

KEI has a number of outstanding requests under the United States Freedom of Information Act (FOIA) for contracts related to biomedical innovations to control or treat the COVID-19 pandemic. On Thursday, June 25, and Friday, June 26, we received a… 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

House Coronavirus Bill Provision Could be Used for COVID-19/Coronavirus-Related R&D without Public-Interest Safeguards

A House coronavirus stimulus bill contains a provision concerning the use of Other Transactions Authority to fund COVID-19 diagnostics. The provision appears to authorize the Department of Homeland Security (DHS) to award $2.2 billion to private sector companies to develop… Continue Reading

KEI Letter to Speaker Pelosi Regarding Use of “Other Transaction Authority” (OTA) in Coronavirus Bill to Escape Bayh-Dole Public Interest Safeguards

For more on KEI’s work on COVID-19, see keionline.org/coronavirus. On March 23, 2020, Knowledge Ecology International (KEI) sent a letter to Speaker Nancy Pelosi regarding a provision in the current draft of the Senate version of the coronavirus funding bill… Continue Reading

Three areas in Section 202 of the Bayh-Dole Act that require action to ensure sufficient rights in patents on coronavirus relevant inventions

For more on KEI’s work on COVID-19, see keonline.org/coronavirus. As the US and other governments begin to expend large amounts of money on research and development related to the control, prevention and treatment of the coronavirus pandemic, there are important… Continue Reading