Filing Considerations For PTAB Petitions On Biologic Patents Relating To COVID-19

By Ralph Gabric, Judy He and Eugene Goryunov

As COVID-19 continues to impact our daily lives, it is hardly surprising that there is a surge in interest in and filings of patent applications related to biological products, such as messenger RNA (mRNA) vaccines, even when those products are still in early developmental and regulatory phases.

Of those applications that eventually issue as patents, it is important for applicants and patent owners to recognize there is no guarantee that all such patents will survive a validity challenge, even if they are related to COVID-19. Let’s examine how the development of biological products and vaccines in response to COVID-19 may result in an increase of validity challenges at the Patent Trial and Appeal Board (PTAB), with a focus on biologic patents.