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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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