The possibility of suspending patents during the pandemic was raised . We would be faced with two scenarios: a vaccine for everyone or a vaccine for those countries that could afford it.
As scientists around the world struggled to develop a coronavirus vaccine, some members list of contact numbers in philippines of the World Trade Organization were considering suspending certain articles of the agreement on Trade-Related Aspects of Intellectual Property Rights. This would mean freeing vaccines and all technologies from patents for the duration of the pandemic.
What would happen if vaccines were made public? It would make it easier to develop and produce larger quantities at a lower price. It should also be noted that the funding for research into the Covid vaccine has been with public money. Therefore, the idea of some countries to suspend patents was not entirely unreasonable.
Can a vaccine be patented?
The answer is yes. A vaccine can be patented , just like any other invention. A patent grants you the exclusive right to exploit it, but this right is limited by territory.
The State gives you this right to prevent third parties from making unauthorized use of your invention, in exchange for you making said invention available to the public.
The requirements for patenting a vaccine are the same as for other inventions. Vaccines in general, and the coronavirus vaccine in particular, must meet a series of requirements to be granted, including:
Original/Novelty: the invention has not been made public prior to the application date.
Inventive activity: something that is not obvious from the “state of the art” to an expert in the field.
Industrial application: the object of the patent can be manufactured or used in any type of industry.
Bureaucratic procedures :
The patent must be requested at the registration office, in the case of Spain the OEPM (Spanish Patent and Trademark Office)
The patent application must be accompanied by certain documentation, including a descriptive report. In the case of vaccines, this report will detail how the vaccine is obtained, or how it is made, and how it works.
In this descriptive report, what is to be protected is defined and delimited through a series of claims .
Proof of payment of official fees must also be presented.
If you are interested in patenting a vaccine, or any invention, it is best to put yourself in the hands of patent and trademark attorneys . Experts in the field who will guide and advise you in a specialized manner.
As we know, the owner of a patent has the right to prevent others from selling or manufacturing his product without his consent. But if a patent is released, what is being done is that the owner of the patent is allowing other companies and institutions to use his product or method freely, and is not exercising his right of exclusive use .
In situations of crisis or health emergencies, it would be ideal to release vaccines. Health would be prioritized over economics. At the beginning of May this year, the United States announced the possibility of suspending patents on the Covid-19 vaccine. Europe is also considering it. A release of vaccines would mean that developing countries could manufacture their own vaccines . Surprisingly, pharmaceutical companies have found this idea to be very bad.