A Strategic Method to Target COVID-19 with Biochemical & Chemical-related Intellectual Property #IP

COVID-19 (SARS-CoV-2) strains [1] have infected millions of people throughout the world [2] and at varying times continuing to spread at exponential rates during the preparation of this article to be communicated. For example, the U.S. state of Arizona (Maricopa county) had become the latest “red zone” with the nation's highest rate of newly recorded cases of Coronavirus contraction at a point in time [3,4].

Therefore, it had been direly imperative for patent practitioners to review the invention disclosures (IDs) and expeditiously file the latest intellectual property (IP) on behalf of the inventors, typically consisting of faculty, staff, and students in academia.

A contribution towards this localized effort has been utilizing an Effective 5-Step Strategy for 1) justification, 2) organization, 3) prioritization, 4) identification, and 5) launch stage. This method was implemented at a university technology transfer office (TTO) to support the announcement of available patents in Arizona for immediate licensing aimed towards vaccine candidates, therapeutic drugs, diagnostics, disinfectants, personal protective equipment (PPE), analysis software, and etc.

Justification: The project began with establishing a basis for the criteria to support the sought after IP able to combat COVID-19. The first list was based on the biochemical research data published in a journal article of the American Chemical Society (ACS) [5].

Organization: Next, the IP was selected from known inventors using the established criteria. Importantly, assessed for relevance to estimating the best effective capabilities along with an efficient streamline process for the virtual launch date.

Prioritization: The IP that was determined to be best suitable were retrieved from the internal inventory then reported to specialized TTO personnel to be further reviewed for any new updates, e.g. patent filing status, the origination of conception in the respective department or school, the R&D specialty of the respective inventor(s), and the commercialization potential.

An intermediate process, where a list was amassed of recorded invention disclosures (IDs) per inventor (professor) if any, and total submissions amongst faculty in a specific school or department. NOTE: Details are not provided of the faculty nor university to maintain confidentiality.

Identification: Following up, the remaining IP was further scrutinized then grouped in the most relevant categories. The predetermined categories were based on data of the published biochemical and chemical criteria [5]. The IP selection was revised utilizing professional input from fellow TTO personnel. 

The primary focus of IP in potential areas was to categorize approved patents for immediate licensing in the life sciences. Here, the general identification of available patents for vaccine and therapeutic drugs were COVID-19/Coronavirus/SARS-CoV-2, antibody/antigen, S-protein, mRNA (messenger ribonucleic acid), DNA (deoxyribonucleic acid), viral vectors, VLPs (virus-like particles), and etc.

The secondary focus of IP in potential areas to categorize approved patents for immediate licensing in the physical sciences. Here, the general identification of available patents for diagnostic testing, analysis software, disinfectant or sterilization techniques, masks/respirators, ventilator-type systems, 3D-printer units (e.g. fabrication of face shields), other PPE materials, instrument/equipment parts, and etc.

Launch Stage: Lastly, all the prioritized IP were submitted to be uploaded on a newly formed virtual platform for marketing of available patents for immediate licensing by interested companies. A brief description, lead inventor, and IP target for COVID-19 purposes were publicly provided.

Overall, there were numerous, selected patents available. The publicly disclosed patents that were listed virtually are all related to COVID-19 in some capacity with varying targets and ready for immediate licensing options. Additionally, some other IP with the possibility for a complimentary agreement [6] ending in 2023. The majority of the IP was based in the life sciences space and the rest in the physical sciences, which can collectively combat COVID-19 as best categorized in their potential areas of varying impact [7].

Worldwide, there have been around 50,000 antiviral candidates identified by CAS-ACS [8]. Some may also be eligible to apply for the Emergency Use Authorization (EUA) issued by the U.S. Food & Drug Administration (FDA) to further expedite the process for clinical phase trials [9].

Earlier this mid-year, the U.S. Patent & Trademark Office (USPTO) recently launched a new online marketplace specifically highlighting over 800 patents and the uploads are rising daily [10].

Currently, Arizona COVID-19 Genomics Union (ACGU) [11] is the newly formed group dedicated to the study of Coronvarius and transmittance. This is a statewide collaboration with members from fellow in-state universities and including participation from the private sector across the state of Arizona.

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