Vaccine Patents for COVID-19 Raise Widespread Concern

As most experts in the field know, patenting vaccines is not unusual and is why pharmaceuticals remain one of the most intellectual property heavy fields professionally.  But as the pandemic continues to spread across the globe, health officials have begun to question whether COVID-19 vaccine patents will be troublesome. 

Vaccine Patents During a Pandemic

Lawyers around the world have already begun anticipating the potential for an increase in litigation as well as governmental intervention if vaccine makers and distributors cannot come to an agreement of how ownership rights will be protected.  And with the addition of international health authorities, legal experts expect that there can be significant difficulty with widespread distribution of a vaccine without careful planning, infrastructure, and oversight.   

In preparation for the potential for increased patent litigation, some countries are trying to head off the conflict by announcing that they will require that vaccine patent licenses be granted and compulsory once manufactured.  Other countries have also asked the World Health Organization to lead organizational efforts and broker agreements that will require countries to cooperate, share information, and agree to nonexclusive vaccine patent licenses.  Many experts worry, however, that countries that are not a part of the World Health Organization may lose out on access to COVID-19 vaccines or may not be able to share pertinent information relevant to finding a cure or vaccine. 

The Need for Cohesion in Anticipation of Vaccine Patents for COVID-19

With health systems and governments already strained and squabbling amongst themselves, health experts worry that legal wrangling could further exacerbate rapid distribution of a cure or vaccine.  Likewise, if countries do not mutually agree, prohibit vaccine patents, or require nonexclusive vaccine patent licensing, the cost of procuring vaccines could be too high for some countries.  As such, in order to stem and curb the global pandemic, it behooves both health and legal experts to follow the development of potential COVID-19 vaccines and assist in proper patenting and licensing processes that may ensure optimal distribution. 

Key Takeaways Regarding Vaccine Patents for COVID-19

As the potential for a COVID-19 vaccine appears to be on the horizon, worries about vaccine patents and expensive licenses have health and legal experts voicing concerns because, without proper oversight:

• vaccines may be too expensive to distribute to those who need it; 

• major conflicts may arise between countries that have licenses and those that do not; and

• patent disputes may cause the vaccine distribution to be tied up during litigation.

For more insights on patents, see our Patent Services Overview and Health Technology Industry Legal Solutions pages.

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