Coronavirus Digest No. 2: Patents and Other Intellectual Property Rights
by Pedro Lomba, Manuel Lopes Rocha, Eduardo Nogueira Pinto, Vitor Palmela Fidalgo (Inveta)
Published: August, 2020
Submission: August, 2020
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The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces toprepare a Digest on these issues that is continuously updated. Readers of this Digest will have complete and up-to-date information on the crossover between the area of intellectual property and the challenges of COVID-19, especially regarding patents and utility models, as well as all the information on the path to obtaining avaccine.
Patents A statistical analysis shows that patents in the United States are being abandoned at an abnormal rate after the beginning of the pandemic, and the rate has tripled. The pandemic has particularly affected small businesses, which have gone from an abandonment rate of 11.7% to one of 31%. For more information, see the articles in : BlueIron and Yahoo! Finance.
Various Japanese companies are willing to renounce patent protection for numerous inventions, particularly in health-related technological fields. The aim of the approach is to make technologies available for free use that can assist in research and the fight against COVID-19. For more information see here. To access the project and check which patents are available and which companies are part of it see here.
After the fall in patent applications in China due to the spread of the pandemic, the China National Intellectual Property Administration (CNIPA) conducted a survey and concluded that, despite everything, the number of patent applications in the first half of the year exceeded the 2019 numbers. By the date of the survey, 683,000 patent applications had been filed and this represents an increase of about 32,000 applications over the previous year. For more information: here and here. North Carolina Biotechnology Center registers the second accelerated patent to combat Coronavirus with microbicide nanomaterials. Kepley BioSystems has filed the second of two recent patents describing a new approach to the protective equipment used during the Coronavirus pandemic. This patent is for a method to permanently infuse a substrate with antimicrobial functional fullerenes. Kepley BioSystems had already applied for the first patent for a technology for an air sterilisation mask. For more information see here and here.
North Carolina Biotechnology Center registers the second accelerated patent to combat Coronavirus with microbicide nanomaterials. Kepley BioSystems has filed the second of two recent patents describing a new approach to the protective equipment used during the Coronavirus pandemic. This patent is for a method to permanently infuse a substrate with antimicrobial functional fullerenes. Kepley BioSystems had already applied for the first patent for a technology for an air sterilisation mask. For more information see here and here.
2. Provisional measures by national and international public institutes and new functions toassist in the field of patents
Indonesia has adjusted the guidelines on compulsory licences in preparation for a possible vaccine for COVID-19. Although the Indonesian government was already able to use compulsory licences, the new law allows for the extension of the scope of government use of patents in the public interest, in view of the research being carried out to discover a Coronavirus vaccine. The government can make use of compulsory licences in two situations: defence and security or urgent public need, the latter including patents relating to pharmaceuticals or biotechnology. Formore information see here.
The US Copyright Office extends its temporary measures. On 10 July 2020, the Office decided to extend the provisional measures it implemented in the context of the pandemic until 8 September 2020. These measures mainly concern time limits, payments, and notifications, so that applicants are not prejudiced by the current situation. Formore information see here.
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