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International Trade Commission Issues Report of COVID-19 IP Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19...

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WTO TRIPS Council Recommends That General Council Extend Waiver Deadline | McDonnell Boehnen Hulbert & Berghoff LLP

On December 16, the Council for Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization (WTO) issued a report recommending that the General Council extend...

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U.S. Chamber of Commerce Supports House and Senate Legislation Prohibiting Biden Administration from Negotiating Modifications to WTO TRIPS Agreement Without Congressional Authorization | McDonnell Boehnen Hulbert & Berghoff LLP

Earlier this month, the U.S. Chamber of Commerce sent a letter to members of Congress indicating that the Chamber "strongly supports" recent House and Senate legislation that the...

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Senators Send Letter to Commerce Secretary Regarding WTO Waiver Compromise | McDonnell Boehnen Hulbert & Berghoff LLP

Last week, Senators Thom Tillis (R-NC), Tom Cotton (R-AR), and Marsha Blackburn (R-TN) sent a letter to Secretary of Commerce Gina Raimondo (at right) to express their "grave concerns...

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More on Leaked WTO COVID-19 Vaccine Patent Waiver Compromise | McDonnell Boehnen Hulbert & Berghoff LLP

A Reuters report published last week indicated that the United States, European Union, India, and South Africa had reached an agreement on a waiver with respect to patents for COVID-19...

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Compromise Reportedly Reached on COVID-19 Vaccine Patent Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

According to a Reuters report published earlier today, the United States, European Union, India, and South Africa have reached an agreement on a waiver with respect to patents for...

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Top Three Stories of 2021 | McDonnell Boehnen Hulbert & Berghoff LLP

After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on...

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Sen. Tillis Writes to U.S. Trade Representative (Again) Regarding TRIPS Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

Earlier this month, Sen. Thom Tillis (R-NC), the Ranking Member of the Subcommittee on Intellectual Property of the Senate Committee of the Judiciary, wrote to United States Trade...

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Is This the WTO Waiver End Game? | McDonnell Boehnen Hulbert & Berghoff LLP

Pfizer and BioNTech Agree to Vaccine Technology Transfer with South Africa's Biovac Institute
As reported by Reuters* on Wednesday (
e"), Pfizer and BioNTech, manufacturers and developers of an mRNA-based vaccine against SARS-CoV-2, have agreed to help the South African drug maker Biovac Institute produce about 100 million doses per year of its vaccine, specifically to be targeted to African nations.
As described by the Reuters article, Biovac Institute is "a joint venture between the South African government and private sector partners"; it has an advantage as being the first company in Africa to use mRNA technology to make the vaccine. The scope of the cooperative agreement is limited to "fill and finish" aspects of the vaccine, leaving Pfizer and BioNTech to produce the mRNA components of the vaccine in Europe (for a more detailed description of the vaccine making process,

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Population of Patents at Risk from Proposed WTO Patent Waiver | McDonnell Boehnen Hulbert & Berghoff LLP

Dennis Crouch, our colleague at
Patently-O, tweeted last week that there have been 148 U.S. patents granted having disclosure related to (COVID-19
or SARS-CoV-2);
With regard to issues involving the proposed WTO IP waiver (
see "If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?"), it may be instructive to inspect the relatively few (4) of these patents directed to COVID-19 specific vaccines (another 4 were directed to therapeutic antibodies). These are set forth in this table:
Of these, the only assignee associated with an actual, in-development SARS-CoV-2 vaccine is Novavax; however, the company has delayed its application for Emergency Use Authorization (EUA) from this month to sometime in the third quarter of this year (although maintaining that there is nothing troubling about the delay).

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