Is there a patent for the Corona Virus

Is there a patent for the Corona Virus

Is there a patent for the Corona Virus (COVID-19)?

The COVID-19 Pandemic is the corona virus that you hear most nowadays. COVID-19 was declared a pandemic by the World Health Organization on 11.03.2020. In this article, we will examine the question of whether the COVID-19 virus has a patent.

A drug that offers the definitive treatment of the virus has not yet been produced. However, we have mentioned that a company in the United States, which we mentioned in our previous articles, has opened all the patent rights of the drug Remdesivir to global use. This move of the company paved the way for many types of research on a global scale.

In addition, several applications from China have raised question marks in mind. Applications from the Chinese patent institute are still pending. No patent has been approved yet. We explained this application and information about the drug in America in our previous article. Whether China will make a united patent application has caused experts to wonder.

Like patents for the treatment process, it is unclear whether the virus itself can be patented. This subject led experts to new legal discussions. A living organism can be patented under certain conditions in our country and in the world. This type of patent was first granted to a genetically mutated bacterium. Patents criteria for organisms have been determined since then. Coronavirus, on the other hand, is a virus found on its own in nature. Therefore, it is not possible to evaluate the same criteria as genetically mutated organisms.

In the patenting of living organisms, USTPO and EPO have set different criteria. In the rest of the article, we will examine these criteria.

USTPO and Biological Patents

According to the U.S. patent office (USTPO), under Article 101 of the U.S. patent law, there are three questions on the basis of patentability. These three questions are identified as innovation, uncertainty, and usefulness. The genetically modified Pseudomonas bacteria is the first patented biological material by Chakrabarty. Following this bacterial patent, patents of biological materials were opened in the USA.

The Myriad decision accepted that the isolated genes cannot be patented. Wuhan does not comply with these rules as the Coronavirus, which spreads to the world from itself, is a natural product. For this reason, it is anticipated that applications for the virus will be overridden in the USA. However, it is possible to patent a vaccine obtained by changing the gene sequence of the virus in the United States.

 

EPO and Biological Patents

According to the European patent office, the criteria for eligibility for patents are any invention that can be applied to the industry, containing a new step of the invention. Inventions meeting these two criteria can be patented according to the laws of the European Patent Office.

The EU Directive 98/44 has enabled the European Patent Office to pave the way for biological patents. Thanks to this directive, it has made it possible to patent the plants, animals, human body parts and genes. It is also mentioned that the said biological material can be patented even if it is found in nature. The Sars virus patent, previously the subject of our previous article, received by the Pascal Institute, is an example.

Summary

As we mentioned in our previous articles, the claims are not true as the Coronavirus has been patented. In January 2020, the genetic sequence of the virus was made public. There is currently no definitive conclusion about the applications made by China, which we mentioned earlier in our article. We will learn the patent applications of the Wuhan Institute after the legal process (18 months) has passed. So, whether these applications were accepted or not will be determined in 2021. However, when the databases are examined, it is observed that the Wuhan Institute has no rights over the Corona Virus. Currently, there are no patent rights for the Corona virus in the U.S. Patent Office and the European Patent Office.