Plan turn slows pandemic response - taxation
Jorge L. Contreras (Contact Author), 2-15-2021, University of Utah - S.J. Quinney College of Law https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3808319, "COVID-19 as an Example of Why Genomic Sequence Data Should Remain Patent Ineligible," No Publication (ermo/sms, Acc:6-28-2024)
There is Ample Opportunity for Patent Protection of Medical Innovations Without Claiming Genomic Sequences
A large number of patents exist and continue to be obtained on innovations relating to COVID-19, including protective equipment, medical devices, tracing and modeling algorithms, diagnostic kits, vaccines, and therapeutics (Tietze et al., 2020). As such, ample private incentives — both in terms of patent royalties and procurement payments — exist to promote the development of needed technologies like these. Basic genomic structures, however, are research tools, not products or product components. As such, allowing them to be patented does no more than enable the holders of those patents to impose a tax on the industry that is developing products that rely on this basic scientific information. Had the basic genomic sequence of the SARS-CoV-2 been patented, as had the sequences of the SARS, H1N1 and H1N5 viruses, the development of desperately needed vaccines and therapies would have been delayed or, at best, made more costly to consumers and health care providers.