Bharat Biotech Rectifies Patent Mistake, Includes ICMR Scientists
Hyderabad-based Bharat Biotech International Limited (BBIL), known for manufacturing Covaxin, India’s first indigenous Covid-19 vaccine, admitted to making an “inadvertent mistake” by not listing scientists from the Indian Council of Medical Research (ICMR) as ‘co-inventors’ in patent applications filed in India and abroad. The company has promised to rectify this and include their names in new patent filings.
Key Points:
- BBIL acknowledged the oversight in a statement on Saturday night.
- The error concerned patents meant to protect the intellectual property rights around Covaxin.
- BBIL emphasized its respect and gratitude towards ICMR for their unwavering support on various projects.
Quick Action to Rectify Mistake
Bharat Biotech has initiated the process of correcting the mistake by including ICMR as a co-owner in the new patent applications. “Necessary legal documents are being prepared and will be filed with the Patent office as soon as possible," the company stated.
Context of the Statement
The statement was released following a report from The Hindu, which cited patent-linked documents showing ICMR scientists were not acknowledged as co-inventors. This was contrary to a previous Health Ministry statement in Parliament asserting that the intellectual property rights of Covaxin were “jointly owned” by both ICMR and BBIL. The role of ICMR in developing the vaccine had also been widely publicized during the pandemic.
Explanation for the Oversight
BBIL explained that, like other pharmaceutical companies, it faced multiple challenges and was in a rush to develop vaccines and file patents promptly. They also mentioned not having access to the confidential BBIL-ICMR agreement, which contributed to the oversight.
Additional Insights
A BBIL spokesperson noted the company's patent was for the process involved in manufacturing Covaxin. The development of Covaxin was “fully funded” by Bharat Biotech, with ICMR providing the virus strain and conducting clinical trials. Ownership details:
- ICMR-NIV owns the animal challenge studies (pre-clinical trial data).
- Bharat Biotech owns the process development and the new adjuvant (an additive that enhances the immune response of a vaccine).
By taking swift action to correct the patent filings, Bharat Biotech aims to uphold its commitment to maintaining transparency and legal compliance in its collaborative efforts with ICMR.
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