1st COVID-19 Vaccine Patent Granted, Chinese Media Says

By Dani Kass
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Law360 (August 17, 2020, 12:48 PM EDT) -- China has granted CanSino Biologics Inc. and a military scientist the first patent for a COVID-19 vaccine candidate, state media reported Sunday.

The candidate, Ad5-nCo, was developed by China's CanSino and Chen Wei, an infectious disease specialist at the Academy of Military Medical Sciences, People's Daily said. Citing documentation from China's National Intellectual Property Administration, the state newspaper said the patent was applied for on March 18 and granted on Aug. 11.

The vaccine has completed phase two clinical trials and is heading on to phase three trials, People's Daily said.

Saudi Arabia's Ministry of Health earlier this month announced that the phrase three trials will take place there, after the first two phases were conducted in China. The company is reportedly in talks for trials in Brazil, Chile and Russia as well.

There are 31 vaccines in human clinical trials around the world, with CanSino's being among the most advanced, according to The New York Times.

Eyes are also on a vaccine being developed by Moderna Therapeutics and the National Institutes of Health, which started a phase three trial in late July. However, Moderna is starting to get tied up in patent woes over this vaccine.

Days before the phase three trial started, the Patent Trial and Appeal Board shot down Moderna's attempt to invalidate claims of an Arbutus Biopharma Corp. patent involving some of the vaccine technology, which could spell out infringement concerns for Moderna. Additionally, news website Axios reported that the NIH may be claiming some patent rights, which could affect how the vaccine is priced and distributed. Moderna has since disclosed that it has doubts over its ownership of patent rights for its vaccine.

--Editing by Marygrace Murphy.

Update: This story has been updated with additional background information.

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