CIPIH Seminar

"How patents may affect the development of a SARS vaccine: the possible role of patent pools"

By James Simon- CEO, Coronovative B.V.

Date & Time: Friday, 22 October 2004 : 12h45 - 14h00

Place: World Health Organization, Room M-205, M Building

In response to the outbreak of Severe Acute Respiratory Syndrome (SARS), the WHO set up a network of laboratories to help control the disease. This rapidly led to the isolation of the causative virus, the sequencing of its genome, and its containment.

Biotechnology & Patents

Several of the contributing laboratories have filed patent applications incorporating the SARS genomic sequence. Further research on SARS has led to the filing of many other patent applications by a multitude of academic and commercial groups.

Apart from the scientific and practical challenges in developing a vaccine (or a treatment or diagnostic test), the patenting of SARS genomic information raises the issue of whether multiple patent rights in this field, owned by both public and private sector entities, will act as an incentive for the development of products to fight the disease, or erect obstacles arising from the costs of licensing and uncertainties about the scope of overlapping patent rights.

A solution that has been adopted in the past in response to similar concerns in different areas of technology is a patent pool. A patent pool means that patent owners agree to hold their individual patents collectively, and defines the terms on which members of the pool and third parties may utilize the technologies covered by the pool.

A famous example occurred when the production of new aircraft in the USA was hampered in World War 1 because most patents were owned by only two companies. At the suggestion of the US government, worried about the supply of aircraft to the armed forces, a patent pool was created amongst all aircraft manufacturers to overcome the problem.

The seminar will address how patent pooling may help to resolve similar issues which may arise in respect of SARS patents, and thereby enhance vaccine development efforts.