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Patent Protection in the Time of COVID-19

The COVID-19 pandemic has set off a veritable explosion of biomedical research, as innovators all around the world rush to answer the urgent calls of health care systems and governments in crisis. As a result, it is more important than ever before for innovators in the biomedical sciences to have a sensible approach to balancing the need to protect their intellectual property rights in key markets while sharing information with other researchers. This article provides a brief review of the basic principles for obtaining patent protection in the key markets of the United Kingdom, Europe and Canada.

For COVID-related inventions in the UK, Europe and Canada, it is not possible to patent methods of treatment of the human or animal body. Examples of inventions which can be patented in the UK, Europe and Canada include:

  • Substances/drugs for use in treating COVID-19, including new uses and effects of known drugs
  • Processes for manufacturing substances/drugs for use in treating COVID-19
  • Gene sequences with a technical effect, including genes used in making proteins such as antibodies
  • Diagnostic devices, including for rapid PCR testing and antibody detection

Source: Law Business Research

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