THE RACE TO DEVELOP (AND PATENT) A COVID-19 VACCINE – How intellectual property rights may affect the production and distribution of a vaccine

As the country appears headed toward further closures and shutdowns related to the increased spread of the corona virus, many companies such and Johnson & Johnson, Astra Zeneca, Vaxart and Novavax to name only a few, are moving at warp speed to develop and test a viable vaccine.  All of those companies specifically mentioned, and most of the others attempting to develop a viable vaccine, are private for profit companies.  That means that, while they may have altruistic intentions to help stop the spread of the virus, ultimately they expect to see a return on their investment.  Without a doubt, any private company that is working on a vaccine intends to seek patent protection for any vaccine that proves to be effective.

The owner of a patent has the right to exclude everyone else from making, using, selling or offering to sell the patented invention for a period of twenty years from the date the application was filed.  Essentially, the patent grants the owner a monopoly for that period of time.  The owner can then choose to make money by excluding others from making and selling the drug, licensing others to make and sell the drug, or a combination thereof.