• 分类：最新消息
• 作者：华讯知识产权
• 来源：
• 发布时间：2022-08-10 11:20
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【概要描述】    On April 5, 2022, the international human rights organization Doctors of the World submitted third-party observations to the European Patent Office (the “EPO”), against two patent applications no. EP3901260 and EP3901261 filed by BioNTech in relation to the same mRNA COVID-19 vaccine.   Doctors of the World observed that these patent applications did not meet the inventiveness requirement set forth in the European Patent Convention, claiming that “BioNtech has simply applied a knowledge derived from the current state of the art and science of mRNA vaccines and coronavirus vaccination – knowledge acquired through the work of researchers from the public sector and universities- directly to a new virus, the Sars-CoV-2”.   To support the foregoing claim, the organization cited prior art showing that (1) the association of a mRNA and a lipid nanoparticle had already been described in the case of a candidate mRNA vaccine against the HIV, while the sequence of the Sars-CoV-2’s spike protein had already been decoded by Chinese researchers in January 2020; and (2) the production of vaccines against coronaviruses through the stabilization of the spike protein in an optimal antigenically condition thanks to the introduction of two proline amino acids had already been described.   These arguments put forward by Doctors of the World have produced the desired results, as BioNTech subsequently modified the scope of the patent claims to include one lipid nanoparticle only. The organization welcomed this outcome, which “opens up opportunities for manufacturers to produce affordable Covid-19 vaccines all around the world”.   This case, which received little media coverage, is a great illustration of the efficiency of the EPO’s third-party observation system. This system allows third parties, following the publication of a European patent application, to present observations concerning the patentability of the invention to which the application or patent relates.   Third-party observations must be filed in writing in English, French or German, and must state the grounds on which they are based. Without delay after filing, they are transferred to the patent applicant or proprietor, who is given the opportunity to respond. Generally speaking, third-party observations are taken into account in the proceedings, unless they have been received after the conclusion of the same. Hence, they are a powerful tool to influence patent application proceedings, and get patent applicants to modify their patent applications or even be refused grant approval.