KEI Research Note 2020:4 Regeneron failed to disclose BARDA funding in their REGN-COV2 patent
Luis Gil Abinader
October 20, 2020
Regeneron Pharmaceuticals failed to disclose U.S. government funding in a patent that claims antibodies against COVID-19. The obligation to acknowledge U.S. government funding in patents is required under an existing contract between Regeneron and the Biomedical Advanced Research and Development Authority (BARDA), as well as the Bayh-Dole Act and regulations issued by the United States Patent and Trademark Office (USPTO). The patent in question is U.S. patent 10,787,501 (the “‘501 patent”), titled Anti-SARS-CoV-2-spike glycoprotein antibodies and antigen-binding fragments, claimed the priority benefits of U.S. provisional applications 63/004,312, filed April 2, 2020; 63/014,687, filed April 23, 2020; 63/025,949, filed May 15, 2020; and 63/034,865, filed June 4, 2020.
A research note that explains the failure to follow those provisions,focusing on funding from BARDA, is available here: rn-2020-4