Medical device makers and scientists around the world are being encouraged to waive their intellectual property rights to encourage companies and individuals to restore depleted stockpiles of emergency equipment and develop new tests and treatments for the COVID-19 pandemic. In Bloomberg News, IP litigation partner Matt Rizzolo (Washington, D.C.) discussed the unique IP-related issues faced by those assisting in the response to the pandemic.
Matt addressed some of the patent-related questions surrounding COVID-19, including the effect that both existing and proposed legislation may have on patent rights in the healthcare space. He notes that a U.S. law that protects manufacturers from tort liability lawsuits in public health emergencies, the PREP Act, could be interpreted to include immunity from patent actions as well.
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