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Patent Opposition: Before and after the patent grant

A patent is a type of intellectual property right (IPR) that gives its owner, the legal right to exclude others from making, using, or selling, offering for sale or importing the patented invention in the territory where patent is granted. Patent rights are granted for a limited period of time, generally 20 years from the date of filing application. As provided in, Section 2(1)(j), an invention must fulfil certain requirements known as conditions of patentability, such as, novelty, inventive step and industrial applicability.

Section 6 of the Indian Patents Act 1970, prescribes for the person who are entitled to file for patents, any person who is a first and true inventor of an invention, by any person being the assignee of the person claiming to be true and first inventor of the invention, by legal representative of any deceased person who immediately before his death was entitled to make such an application can file for patent.

A
.  Steps to register a Patent

  1. Filing a Patent Application

In India, the patent registration process starts with filing of patent application in the respective patent office branch. Section 7, dealing with form of application requires every application for a patent to be made for one invention only. In order to obtain a patent, an applicant must fully and particularly describe the invention therein claimed in a patent specification. The Patent Specification, thus, forms a crucial part of the Patent Application. It is mandatory on the part of an applicant to disclose fully and particularly various features constituting the invention. The specification may be filed either as a provisional or as a complete specification.

  1. Publication of Application

Section 11A(1) provides that no application for patents shall ordinarily be open to the public before expiry of eighteen months from the date of filing of the application or the date of priority of the application, whichever is earlier. Every application for patent shall be published on expiry of the period specified in sub-section (1) except those applications in which;

a. secrecy direction is imposed under Section 35;
b. application has been abandoned under section 9(1);
c. application has been withdrawn three months prior as specified under section 11A(3).

The publication of a patent application is an opportunity for the public or any third party to put forward any opposition with respect to the grant of patent. The opposition filed after publication of application and before grant of a patent is called as pre-grant opposition.

  1. Examination of Application

After publication, the application is examined by the examiner of patents and first statement of objections is sent to the applicant, to be replied within 6 months from the date of issuance. There may be a hearing also before patent is granted. After examination, the patent is granted.

  1. Grant of Patent

According to Section 43(1) of the Act, the patent shall be granted as expeditiously as possible to the applicant or, in the case of a joint application, to the applicants jointly, with the seal of the patent office and the date on which the patent is granted shall be entered in the register, where an application for a patent has been found to be in order for grant of the patent and either:

(a) the application has not been refused by the Controller by virtue of any power vested in him by this Act; or

(b) the application has not been found to be in contravention of any of the provisions of this Act,

Further, Section 43(2), specifies that on the grant of patent, controller shall publish the fact that patent has been granted and thereupon it is open for public inspection.

  1. Renewal of the Patent

Under section 53, the term of every patent granted, shall be twenty years from the date of filing of the application for the patent. Rule 80 requires that to keep a patent in force, the renewal fees specified in the First Schedule should be paid at the expiration of the second year from the date of the patent or of any succeeding year and the same should be remitted to the patent office before the expiration of the second or the succeeding year. The annual renewal fees payable in respect of two or more years may be paid in advance.

Opposition to the Patent

The Indian Patents Act 1970 provides two types of opposition, “pre-grant and post-grant” opposition, which allow third parties flexibility to contest the validity of a patent. There are various grounds mentioned in the Act, on the basis of which a patent application may be opposed. Pre-grant opposition is the first opportunity for the opponent to challenge grant of the patent.

Once the application is published, it is kept open for a particular period of time for any opposition. The opposition of a patent that takes place before grant of the patent but after publication is called as “Pre-grant opposition”. There are various grounds mentioned in the Act, on the basis of which a patent application may be opposed. Pre-grant opposition is the first opportunity for the opponent to challenge grant of the patent.

However, even after grant of the patent, the patent is kept open for one year for any opposition called as “post-grant opposition”. The patent may be opposed within 12 months from the date of publication of the grant of the patent. There can be various grounds on the basis of which the application can be opposed. The main purpose of the opposition proceedings is to give opponents the opportunity to challenge the validity before as well as after grant of the patent.

Pre-grant Opposition

Under, Section 25(1), where an application for a patent has been published but a patent has not been granted, any person may, in writing, represent by way of opposition to the Controller against the grant of patent. This opposition is called as Pre-grant opposition and it can be filed under certain grounds, which are as follows:

  • wrongfully obtained the invention or any part thereof
  • anticipation by prior publication, anticipation by prior date, prior claiming in India
  • anticipation by prior claiming in India
  • public knowledge or public use in India before the priority date
  • invention is obvious and lack inventive step
  • subject of any claim of the complete specification is not an invention
  • specification does not clearly specify the invention, the method of invention
  • providing materially false information by the applicant
  • application for patent not filed within 12 months of filing the first application in a convention country
  • non-disclosure or wrong information about the source of biological matter and
  • invention anticipated with regard to traditional knowledge of any community, anywhere in the world.

    Post Grant Opposition

Post-grant Opposition can be filed by any “person interested” within one year from the date of publication of the grant of a patent, as laid down in Section 25(2) of the aforesaid Act. A post-grant opposition can be filed on a number of grounds as specified under Section 25(2)(a) to (k), such as:

  •  wrongfully obtained the invention or any part thereof
  •  anticipation by prior publication, anticipation by prior date
  •  anticipation by prior claiming in India
  •  public knowledge or public use in India before the priority date
  •  invention is obvious and lack inventive step
  •  subject of any claim of the complete specification is not an invention
  •  specification does not clearly specify the invention, the method of invention
  •  providing materially false information by the applicant
  •  application for patent not filed within 12 months of filing the first application in a convention country
  •  non-disclosure or wrong information about the source of biological matter
  •  invention anticipated with regard to traditional knowledge of any community, anywhere in the world

On receiving the notice of opposition (post-grant opposition), the Controller shall constitute an Opposition Board to deal with the opposition proceedings. The board consists of such officers as the Controller may determine and refer such notice of opposition along with the documents to that Board for examination. The board examines the opposition proceedings and submits of its recommendations to the Controller. Every Opposition Board shall conduct the examination in accordance with prescribed procedures as mentioned in the Act.

Author: Yashwi Singh, K.L.E Society’s Law College, Bengaluru

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Paper Boat: Nurturing Childhood Memories

It is a great honour for Origiin to bring out the story of Paper Boat as a company “Ahead of the Curve”.  Reviving traditional Indian beverages and foods produced and marketed by Hector Beverages, which is headquartered in Bengaluru, India, Paper Boat is one of the most popular and trendy brands today in beverages.

Name of company

HECTOR BEVERAGES PRIVATE LIMITED

Date of incorporation

13th October, 2009

Founding members

Source: www.startuptalky.com

  1. Neeraj Kakkar

https://www.linkedin.com/in/neeraj-kakkar-2410839/

  1. James Nuttall

https://www.linkedin.com/in/jpnuttall/

  1. Suhas Mishra

https://www.linkedin.com/in/neerajbiyani/

  1. Neeraj Biyani

https://www.linkedin.com/in/suhas-misra-6143245/

Seed capital – Not Available

Place of business

Registered Address – Plot No. 132, Sector 3, IMT Manesar Manesar Gurgaon Gurgaon HR 122050 IN

Core products

Paper boat currently manufactures over 12 varieties of Indian ethnic drinks such as: Thandai, Serbet-e-khaas, Rose tamarind, Chilli guava, Jaljeera, Anaar, Kokum, Aam panna, Ginger-lemon tea, Jamun, Aamras, Neer more and Panakam. Panakam and Sherbet are seasonal drinks as they are made available during Navami and Eid, respectively.

Paper boat also makes Indian snacks and delicacies like Chikki bar, peanut bar, Aam pappad, sesame peanut bar, coconut water, Pani puri pellets etc.

Journey

Although Hector Beverages was found in the year 2009, the Company was into producing an energy drink called Tzinga and another protein-based drink at this time. Paper boat was born only towards the end of 2012. Paper boat became a comprehensive effort towards bringing authentic Indian tastes into the market, in an organized fashion. Paper boat, along with its name has a tagline that says drinks and memories. This itself is the driving force behind the initiative. The Company tries to restore old memories by re-introducing authentic Indian tastes to our tastebuds. That too in a fresh new way. An old taste in a modern is quite the oxymoron, but that is what gives the Company its own space. Paper boat currently has more than 300 employees and has a revenue of over 100 crores.

Success mantra

Paper boat’s success comes from many factors. Firstly, the Company makes it imperative that they use no preservatives in their products. The Company not only makes tasty drinks but also prioritises our health. Secondly, the brand offers a good variety. Paper boat began with only 2 flavours and currently, they have more than 10 varieties of Indian drinks. Thirdly, the funding and investments of the Company is carried out dynamically. Paper boat was able to raise capital from various investors like Sequoia Capital, Trifecta Capital Advisors, Catamaran Ventures, A91 partners etc. The Company has grown vehemently with a steady increase in sales over the years. Their efficient marketing strategy is also commendable. Keeping in touch with customers through networking, innovative advertising techniques, information and feedback collection etc. truly make them winners. Lastly and most importantly, Paper boat has successfully evoked nostalgia in a lot of people and reinstated their bond with the lost tastes from their childhood.

Intellectual Properties

Hector Beverages owns several trademarks. The first mark PAPERBOAT (DEVICE) was applied for on 5th July 2012 and the same was granted on 11th July 2016. This was under Class 32. Similarly, an application for wordmark PAPER BOAT was made in 2013 and was granted in 2018. Similarly, marks like TOP SECRET (valid since 2016), Paper Boat Swing Label (valid since 2019) and PAPER BOAT DRINKS AND MEMORIES (valid since 2018) are registered under Class 32. Paper Boat also owns the mark PAPER BOAT FOOD AND MEMORIES under Class 29. This was granted in October 2018. PAPER BOAT SUPER NATIVE is another mark Hector Beverages owns under Class 29. PAPER BOAT DRINKS AND MEMORIES, PAPER BOATS FOODS AND MEMORIES are also granted protection under Class 30. On March 1st 2021, an application for Trademark registration of PAPER BOAT SUPER NATIVE was made under Class 30 and the same is marked for exam.

Other than these trademarks, Hector Beverages also owns a registered Design for the cap used on their products. The Design registration application was made on 24th November 2015 and was granted on 24th February 2017. The article name is provided as ‘Cap for Pouch’ and is registered under Class 09-07-closing means and attachments.

Innovation in business

To ensure hygiene and safety, Paper boat ensures optimum conditions of temperature and pressure in their production units. The packaging used for their drinks is unique and helps the products remain fresh without the help of preservatives. This unique packaging is also known to be more eco-friendly than other methods of packaging currently available in the market. Along with television Ads, Paper boat also has a collection of animated short films on themes like friendship, hope and nostalgia. These films are available on YouTube.

Paper boat has also ventured into the E-commerce business. Their products are now available on Amazon. The online sale has increased after the pandemic hit. Paper boat uses technology to improve their marketing. Customer feedbacks are collected on a large scale through surveys and is incorporated into the production process.

Problems of consumer they focused on

  • Lack of availability of authentic Indian flavours
  • increase in the intake of carbonated drinks
  • lack of better alternatives for aerated soft-drinks
  • ascending use of preservatives

Meaning of Trade Mark

The Company’s trademark contains the name ‘Paper boat’ along with a tagline drinks and memories. This represents the basic motive behind the company, that is, to bring back memories of your childhood through these authentic Indian flavoured drinks.

Source: www.paperboatdrinks.com

Awards

Contact Information

1860-425-4425

paperboat@hectorbeverages.com

neeraj@hectorbeverages.com

REFERRENCES

  1. http://www.paperboatdrinks.com/
  2. https://www.amazon.in/s?rh=n%3A2454178031%2Cp_4%3APaper+Boat&ref=bl_dp_s_web_2454178031
  3. http://www.mca.gov.in/mcafoportal/companyLLPMasterData.do#
  4. https://ipindiaonline.gov.in/tmrpublicsearch/tmsearch.aspx?tn=197889735&st=Wordmark

Author: Bhavana, School of Law, CHRIST, Bangalore

BALLB (Hons.)

Email: bhavanababu44@gmail.com

Phone: +91 9400840460

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The Role of Patents in Technology Transfer

Technology transfer in simple words means a process wherein owner of the technology transfers its skills, knowledge, and know-how to another party. In return owner of the technology often gets royalty which is determined based on various parameters, such as, market value of the technology, the effort needed to implement technology and initial investment etc. However one of the extremely important parameter that is to be taken into consideration is whether the technology has legal protection in the form of patent or not, though there might be possibility of protection in the form of trademark, copyright, design as well.

If worked out well, technology transfer is an extremely effective way to commercialize the patented invention. It plays an important role as a catalyst for the further development of technology and patents play a very vital role in case of technology transfer because patent is one of the best ways to protect a technology. Technology transferred without even filed for a patent is a very risky affair. At least a patent application for the technology should have been filed before negotiating on technology transfer for the reason that after grant of the patent, the certificate obtained from the patent office serves as a proof of ownership. A Patent also confers certain statutory rights to the patent holder that the technology transfer process.

Technology transfer happens by means of executing an agreement between owner of technology or Patentee and the buyer. Practically speaking, taking a patent to the level of technology transfer is a very big challenge where strength and value of the patent shall be assessed vigilantly and at the same time it is important for the patent holder to examine capacity of the buyer to manufacture, market and sell his patented invention. Technology transfer is beneficial to the patentee because he gets a channel to commercialize his invention and still have ownership of the patent with him. For the buyer, getting access to patented technology can give him cutting edge over his competitors.

Though the process of technology transfer is not as simple as it sounds, there are various success stories. As reported by The Chronicle of Higher Education, in academic research in the 2011 fiscal year, Northwestern University earned the most of any institution reporting, with more than $191-million in licensing income. The revenue mainly came from the invention related to new breeds of wheat, a new drug for the treatment of HIV, and from longstanding arrangements over enduring products like Gatorade.

Having a patent is one of the essential pre-requisites before transfer of technology though there are several other factors that determine fate of the invention to be commercialized by means of technology transfer. Well negotiated agreement between patentee and buyer can lead to a real profitable and symbiotic relationship.

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Exclusive Interview with Dr. M. S. Swaminathan, the Father of Green Revolution

This section is an initiative by Origiin to introduce latest innovations and valuable expert opinions on protection, exploitation of Intellectual property by Intellectual Property experts to provide inspiration to the readers and also make our readers aware about the emerging technologies, products and innovations. This section also aims at bringing out the importance of patent protection and the way such innovations make difference in evolution of scientific progress in the country.

In this issue, we are extremely happy to publish interview of Dr M S Swaminathan, the Father of India’s Green Revolution.

Dr. Swaminathan who holds the UNESCO Chair in Ecotechnology at the M.S. Swaminathan Research Foundation in Chennai, was the former director general of the Indian Council of Agricultural Research as well as of International Rice Research Institute. He also became president of the International Union for the Conservation of Nature and Natural Resources in 1988. He has also served as Independent Chairman of the FAO Council, along with as the Chairman of the UN Science Advisory Committee set up in 1980 to take follow-up action on the Vienna Plan of Action. Dr Swaminathan, a plant geneticist by training with a Ph.D. from Cambridge University has established the National Bureau of Plant, Animal and Fish Genetic Resources of India and the International Plant Genetic Resources Institute, besides serving as the Principal Secretary in the Ministry of Agriculture, Government of India.

Dr MS Swaminathan has got many prestigious awards and fellowships. He was awarded the First World Food Prize in October 1987 and has been described by the United Nations Environment Programme as “the Father of Economic Ecology”, besides being one of three Indians to be included in TIME Magazine’s 1999 list of the “20 most influential Asian people of the 20th century”, along with Mahatma Gandhi and Rabindranath Tagore. Life Time Achievement Award of All Indian Management Association, Ramon Magsaysay Award for community Leadership and many more he has been awarded. He has many books to his credit. An Evergreen Revolution, I Predict: A Century of Hope Towards an Era of Harmony with Nature and Freedom from Hunger, Gender Dimensions in Biodiversity Management, Agro biodiversity and Farmers’ Rights, Sustainable Agriculture: Towards Food Security are some of his notable books.

Below are expert opinions of the “Living Legend” himself for various issues in food security, agricultural policies and biodiversity.

Origiin: Hello Dr Swaminathan. It is a great pleasure and honor for us to have opportunity to interact with you and publish your thoughts in the form of this interview.

Dr Swaminathan : Thank you and my best wishes are with Origiin.

Origiin: The world look upon to you as the “the Father of Economic Ecology” and refers you more popularly as the “Leader of Green Revolution”. You have been extensively associated with sustainable agriculture and food security. Please let us know how has your journey been so far in projecting food crisis to the world?

Dr Swaminathan: There is much greater understanding of the basic fact that where hunger rules, peace cannot prevail.  Also my message that the future belongs to nations with grains and not guns is now making an impact worldwide.  We are today much better prepared to face famines and food crisis than we were at the time of the great Bengal famine of 1942-43.

I give below an extract from my speech at the Indian Science Congress held at Varanasi on January 3, 1968.

“Exploitative agriculture offers great dangers if carried out with only an immediate profit or production motive. The emerging exploitative farming community in India should become aware of this. Intensive cultivation of land without conservation of soil fertility and soil structure would lead, ultimately, to the springing up of deserts. Irrigation without arrangements for drainage would result in soils getting alkaline or saline. Indiscriminate use of pesticides, fungicides and herbicides could cause adverse changes in biological balance as well as lead to an increase in the incidence of cancer and other diseases, through the toxic residues present in the grains or other edible parts. Unscientific tapping of underground water will lead to the rapid exhaustion of this wonderful capital resource left to us through ages of natural farming. The rapid replacement of numerous locally adapted varieties with one or two high-yielding strains in large contiguous areas would result in the spread of serious diseases capable of wiping out entire crops, as happened prior to the Irish potato famine of 1854 and the Bengal rice famine in 1942. Therefore the initiation of exploitative agriculture without a proper understanding of the various consequences of every one of the changes introduced into traditional agriculture, and without first building up a proper scientific and training base to sustain it, may only lead us, in the long run, into an era of agricultural disaster rather than one of agricultural prosperity.”

The above is the basis of the concept of the ever-green revolution viz increases in productivity in perpetuity without ecological harm.

Origiin: Can you please throw us some light on the role of CGIAR (Consultative Group on International Agricultural Research) towards development of Indian Agriculture and its policies on patent issues, plant variety protection, in situ and ex situ conservation, and the dissemination of information on CGIAR genetic resources research.

Dr Swaminathan: CGIAR has been playing a major role in genetic resources conservation and plant variety protection through Biodiversity International. I played an important role in setting up the International Board of Plant Genetic Resources in 1972-74, an organization now known as Biodiversity International. As Chairman of the CGIAR Genetic Resources Policy Committee for over 10 years, I helped to develop procedures for defensive patenting of important scientific material, so that they are always available for public good and not for private profit.

Origiin: Where does India stand in terms of Plant Variety Protection and Farmer’s right compared to her other counter parts? Are Indian farmers and breeders much aware of this privilege and Biodiversity Act?  

Dr Swaminathan: India is the only country in the world which has an integrated legislation on breeders’ and farmers’ rights.  The Act is known as Plant Variety Protection and Farmers’ Rights Act. I prepared the first draft of this integrated Act. In my view, farmers and breeders are allies in the struggle for food security. Therefore their rights should be mutually reinforcing and not antagonistic. Also we should rename UPOV as the International Union for the Protection of Breeders’ and Farmers’ Rights.

Origiin: Indian Cultural heritage and indigenous knowledge is counted as one of the world’s top ten hot spots of biodiversity. But there has been a substantial amount of IP infringement and attack on national biodiversity due to various external and internal instances. How strong is Indian Biodiversity Act to protect local flora and fauna?

Dr Swaminathan: India has a rich heritage in biodiversity based on culture, culinary habits and medicinal applications.  The Indian Biodiversity Act in whose formulation also I played a major role is very strong in the areas of conservation, sustainable use and equitable sharing of benefits.

Origiin: Agricultural lands are being snatched away by large scale industries, real estate and infrastructure development leaving a little space for cultivation. How do we cope up with this problem?

Dr Swaminathan: At the moment, land is becoming a very expensive commodity.  Therefore there is tendency for land grab. We have dealt with this in detail in the report of the High Level Panel of Experts to the Committee on Food Security (of which I was Chairman until recently). We have shown that converting prime farm land for fuel production may lead to food shortages, particularly in an era of climate change.

Origiin: Is there acute shortage of investment in agriculture compared to other sectors in the country?

Dr. Swaminathan : Investment in agriculture is rather low.  We need more investments particularly in the areas of rural communications, grain storage, soil health care and enhancement and water conservation and sustainable use.

Origiin: Sir, you had supported the government’s decision to allow 51 per cent FDI in multi-brand retail. What steps should state government take in order to safeguard the interest of farmers?

Dr. Swaminathan: I did not support FDI in Retail except where it is going to help improve rural infrastructure in post harvest technology.  FDI should be a win-win both for rural families and for the commercial firm.  It should be based on a participatory process with emphasis on the livelihood security of the poor and on ethical behavior.

Origiin: What is your take on Genetically Modified Food? Recently America introduced the bill “Safe and Accurate Food Labeling Act” in order to prevent maximum level of accidental GMO presence.

Dr. Swaminathan : Genetic modification is a very important tool in all the sectors like medicine, industry and environment. Bio-remediation is important to control pollution.  However in the case of food biotechnology, there is need for caution. We need an effective regulatory mechanism in the areas of biotechnology and bio safety which can help to measure risks and benefits objectively and in a transparent manner.

Origiin: Do we see a second green revolution in India in near future?

Dr. Swaminathan: I do not believe in a second green revolution.  What I would like to see is an ever-green revolution which leads to improvement in productivity in perpetuity without ecological harm.  We must mainstream ecology in technology development and dissemination.

 Origiin: Thank you so much Sir, for your valuable inputs.

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Leading Covid-19 Vaccine Manufacturers & their Patents

The word corona represents crown. The term coronavirus was coined in 1968 for the virus which resembled a solar corona, the bright crown-like ring of gasses surrounding the sun that is visible during a solar eclipse.

Corona Virus are a group of RNA virus which affects the mammals and birds. In mammals, the attack and effect the respiratory tract causing infections, that can be mild to severe to lethal. Mild illnesses in humans include some cases of the common cold (which is also caused by other viruses, predominantly rhinoviruses), while more lethal varieties can cause SARS, MERS, and COVID-19. In cows and pigs, they cause diarrhea, while in mice they cause hepatitis and encephalomyelitis. Corona viruses constitute the family of Coronaviridae, order Nidovirales and realm riboviria. Corona Virus have been said to have existed for around 8000 BCE. The Human Corona Virus have their origin in Bats. Coronavirus can have cold with major symptoms, such as fever, cough and sore throat.

In total six species of corona viruses are known till date, in which one strain is divided into two different strains making it a number of seven. Three human coronaviruses produce potentially severe symptoms:

  1. Severe acute respiratory syndrome coronavirus (SARS-CoV), β-CoV (identified in 2003)
  2. Middle East respiratory syndrome-related coronavirus (MERS-CoV), β-CoV (identified in 2012)
  3. Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), β-CoV (identified in 2019)

These cause the diseases commonly called SARS, MERS, and COVID-19 respectively.

Leading Manufacturers of Corona Virus or Covid-19 vaccines

Vaccine and vaccination are derived from Variolae vaccinae (smallpox of the cow), the term devised by Edward Jenner (who both developed the concept of vaccines and created the first vaccine) to denote cowpox.

There are around 10 companies in various stages of clinical trials and over a hundred of companies in it preclinical stage. The top ten companies that are leading the race of COVID-19 Vaccine are CanSino Biological, Moderna, SinoVac, University of Oxford, BioNTech, Novavax, Wuhan Institute of Biological Products, Inovio Pharmaceuticals, Beijing Institute of Biological Products/Sinophar, and Chinese Academy of Medical Sciences.  [1]

The list of leading companies are below:

1. Covishield

https://www.astrazeneca.com/

2. Pfizer-Biontech

https://www.pfizer.com/

3. Moderna

https://www.modernatx.com/

4. Janssen COVID-19 Vaccine

https://www.janssen.com/

5. Coronavac/Sinovac
6. Sinopharm-BBIBP

http://www.sinopharm.com/1156.html

7. Sputnik-v

https://sputnikvaccine.com/

8. Convidecia

http://www.cansinotech.com/

Covid-19 Vaccine manufacturers and their patents

  • Name of the Vaccine: COVISHIELD/VAXZEVRIA

Developer/Manufacturer: University of Oxford/Astrazeneca

Kind of vaccine: Weakened Viral Vector.

Patent number:   WO2012-172277

Abstract of patent: The present invention provides recombinant adenoviral vectors, immunogenic compositions thereof and their use in medicine, and methods for generating recombinant adenoviral vectors. In particular, the present invention provides an adenovirus vector comprising a capsid derived from chimpanzee adenovirus AdY25, wherein said capsid encapsidates a nucleic acid molecule comprising an exogeneous nucleotide sequence of interest.

Contact Information: University of Oxford, University Offices, Wellington Square, Oxford, OX1 2JD, United Kingdom, Telephone: +44 1865 270000,  Fax: +44 1865 270708

  • Name of the vaccine: SPUTNIK-V

Developer/Manufacturer:  GAMALEYA RESEARCH INSTITUTE OF EPIDEMIOLOGY- RUSSIA

Kind of vaccine:  A VIRAL VECTOR VACCINE, adenovirus vectors rAd26 and rAd5, which promote the delivery of antigens to the human body, to promote the immune response.

Patent Number: The Russian patent RU2720614C1 has already been internationalized through application WO2021002776A1 and in the future patent protection in other countries should be requested.

Abstract of the patent: FIELD: Biotechnology, immunology, virology. SUBSTANCE: The invention relates to the field of biotechnology, immunology and virology, in particular to an immunobiological agent for the prevention of diseases caused by the severe respiratory syndrome virus SARS-CoV-2. Also, a method is disclosed for inducing specific immunity to the SARS-CoV-2 virus, comprising administering one or more immunobiological agents to the mammalian body for the prevention of diseases caused by the severe respiratory syndrome virus SARS-CoV-2. The invention allows to effectively induce an immune response against SARS-CoV-2 virus. EFFECT: the invention allows to effectively induce an immune response against SARS-CoV-2 virus.

Contact Information: The Russian Direct Investment Fund (RDIF) Capital City, South Tower, 7th 8th floor 8 bid. 1 Prsenenskaya nab, Moscow, Russian 123112, T- +7 495 644 3414, F- +7 495 644 3413

Email: sputnikvaccine@rdif.ru

  • Name of the vaccine:  MODERNA

Developer/Manufacturer:  American company Moderna, the U.S. National Institute of Allergy and Infectious Diseases, the U.S. Biomedical Advanced Research and Development Authority, and the Coalition for Epidemic Preparedness Innovations.

Kind of vaccine:  mRNA VACCINE

Patent  number: 10702600

Abstract of the patent: The disclosure relates to respiratory virus ribonucleic acid (RNA) vaccines and combination vaccines, as well as methods of using the vaccines and compositions comprising the vaccines.

Contact Information: Global Headquarters 200 Technology Square Cambridge, MA 02139, T- 617- 714-6500 

  • Name of the vaccine: Janssen COVID-19 Vaccine, JNJ-78436735

Developer/Manufacturer:  Janssen Pharmaceuticals Companies of Johnson & Johnson

Kind of vaccine: Viral Vector

Patent  Number: US7888102

Patent’s abstract: The invention relates to the production of coronaviruses. In particular, the invention relates to methods for producing SARS-CoV by using cells expressing a functional SARS-CoV receptor.

Address: https://www.janssen.com/us/contact-us

  • Name of the vaccine: SPUTNIK LIGHT

Developer/Manufacturer: Russian Gamaleya Research Institute of Epidemiology

and Microbiology.

Kind of vaccine: Viral Vector

Patent Number: The Sputnik Light vaccine is the first component (recombinant human adenovirus 26 serotype (rAd26) of the Sputnik V vaccine. Therefore, has the same characteristics as of Sputnik V.

Contact Information: The Russian Direct Investment Fund (RDIF) Capital City, South Tower, 7th 8th floor 8 bid. 1 Prsenenskaya nab, Moscow, Russian 123112, T- +7 495 644 3414, F- +7 495 644 3413

  • Name of the vaccine: CONVIDECIA

Developer/Manufacturer: Chinese company CanSino Biologics and the Beijing Institute of Biotechnology of the Academy of Military Medical Sciences

Kind of vaccine: Viral Vector

Patent Number:  CN111218459

Patent’s abstract: The invention provides a novel coronavirus vaccine taking human type 5 replication-defective adenovirus as a vector. The vaccine takes replication-defective human type 5 adenovirus with combined deletion of E1 and E3 as a vector, HEK293 cells integrating adenovirus E1 genes as a packaging cell line and carried protective antigen genes are 2019 novel coronavirus (SARS-CoV-2) S protein genes (Ad5-nCoV) which are subjected to optimization design. After the S protein gene is optimized, the expression level in the transfected cells is obviously increased. The vaccine has good immunogenicity on mouse and guinea pig models and can induce organisms to generate strong cellular and humoral immune responses in a short time. The protection effect research on the hACE2 transgenic mouse shows that the virus load in lung tissues can be obviously reduced after a single immunization of Ad5-nCoV14 days, and the vaccine has a good immune protection effect on 2019 novel coronavirus. In addition, the vaccine is fast and simple to prepare, and can be produced in a large scale in a short time to cope with sudden epidemic situations.

  • Name of the vaccine: RBD-DIMER

Developer/Manufacturer: Chinese company Anhui Zhifei Longcom Biopharmaceutical

Kind of vaccine:  Subunit vaccine

Patent number:  CN106928326

Patent’s abstract: The invention discloses a kind of coronavirus vaccine of the receptor binding domain subunit based on dimerization, belong to pharmaceutical technology field.The present invention expresses RBD (E367 Y606) regions of MERS CoV albumen and the RBD (R294 F515) of ARS CoV by baculoviral body in insect cell, so that RBD by the cysteine residues of S protein itself 603 can form dimer or form dimer by the cysteine residues of S protein itself 512, Balb/c mouse are immunized using the RBD albumen dimer and monomer of purifying respectively. The RBD of dimerization of the invention overcomes the not enough shortcoming of RBD monomeric immunogenics, and the neutralizing antibody for substantially increasing mouse for MERS CoV is produced. 

  • Name of the vaccine: MINHAI

Developer/Manufacturer: Minhai Biotechnology Co. and Kangtai Biological

Products Co. Ltd. in China.

Kind of vaccine: Inactivated Virus

Patent number: US20160166675

Abstract of the patent: NO INFORMATION IN PUBLIC DOMAIN

Contact Information: No. 35, Simiao Road, Daxing Biomedical Industrial Base, Zhongguancun Science Park, Daxing District, Beijing, T- 010-59613600

  • Name of the vaccine: PFIZER-BIONTECH

Developer/Manufacturer: GERMANY COMPANYBIONTECH AMERICAN COMPANY- PFIZER

Kind of vaccine:   mRNA VACCINE

Patent number:  NO DATA AVAILABLE IN THE PUBLIC DOMAIN.

Url of the company: https://www.pfizer.com/

Contact Information: 235 East 42nd Street NY, NY 10017, T- (212) 733-2323

  • Name of the vaccine: COVIVAC

Developer/Manufacturer: Chumakov Centre at the Russian Academy of

Sciences

Kind of vaccine: Inactivated Virus

Patent number:  NO DATA AVAILABLE IN THE PUBLIC DOMAIN

Contact Information:108819, Russian Federation, city of Moscow, settlement Moskovsky, settlement of the Institute of Poliomyelitis, household 8, building 1, T- +7(495) 841-90-02, +7(495) 531-01-70

Email Address: sue_polio@chumakovs.su

  • Name of the vaccine: QazCovid-in/QazVac

Developer/Manufacturer: Research Institute for Biological Safety Problems in Kazakhstan

Kind of vaccine: Inactivated Virus Vaccine

Patent number: NO DATA AVAILABLE IN THE PUBLIC DOMAIN.

Contact Information: 15 Momyshuly str., Guardeyskiy uts of Korday district of Zhambyl region, postcode: 080409, T- (726-36) 7-22-28

  •  Name of the vaccine: EPIVAC CORONA

Developer/Manufacturer: Russian State Research Center of Virology and Biotechnology VECTOR.

Kind of vaccine: Peptide Vaccine

Patent number:  NO DATA AVAILABLE IN THE PUBLIC DOMAIN.

Contact Information: Koltsovo, Novosibirsk reg., 630559, Russia, T- 7+3833+366010

Email Id:  vector@vector.nsk.su

  • Name of the vaccine: COVIran Barakat

Developer/Manufacturer: Shifa Pharmed Industrial Co in Iran.

Kind of vaccine: Inactivated Virus

Patent number: NO DATA AVAILABLE IN THE PUBLIC DOMAIN.

Contact Information: 1701 K Street NW, Suite 805, Washington, DC 20006 USA, T-  202-223-8299

  • Name of the vaccine:  Sinopharm-BBIBP

Developer/Manufacturer:  China National Pharmaceutical Group.

KIND OF VACCINE:  Inactivated Virus Vaccine

Patent number: NO DATA AVAILABLE IN THE PUBLIC DOMAIN.

Contact Information: No. 20 Zhichun Road, Haidian District, Beijing, China, Postal Code: 100191, T- 86-10-82287727

  • Name of the vaccine: COVAXIN

Developer/Manufacturer: Indian Company- Bharat Biotech & ICMR

Kind of vaccine: Inactivated Virus.

Patent number: NO DATA AVAILABLE IN PUBLIC DOMAIN

Contact Information: Genome Valley Shameerpet, Hyderabad – 500 078 Telangana INDIA, T- +91 40 2778 4084, Ph: +91 40 2348 0567, Mob: +91 99480 80567, Fax: +91 40 2348 0560

  • Name of the vaccine:  Sinopharm-BBIBP

Developer/Manufacturer:  China National Pharmaceutical Group

Kind of vaccine:  Inactivated Virus Vaccine

Patent number: NO DATA AVAILABLE IN THE PUBLIC DOMAIN.

Contact Information: No. 20 Zhichun Road, Haidian District, Beijing, China, Postal Code: 100191, T-  86-10-82287727 

  • Name of the vaccine:  Coronavac/Sinovac

Developer/manufacturer:  Chinese company Sinovac, Life Sciences (Beijing, China)

Kind of vaccine: Inactivated Virus.

Patent number: NO DATA AVAILABLE IN PUBLIC DOMAIN

Author: Apoorva, ICFAI Law School, ICFAI University, Dehradun

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[1] https://intellizence.com/insights/top-10-companies-leading-the-race-of-covid-19-vaccine/