Crisis-Critical Intellectual Property: Findings From the COVID-19 Pandemic.

Area of Science:

• Innovation Management
• Intellectual Property Law
• Global Health Policy

Background:

• Pandemics necessitate rapid mobilization of resources for crisis-critical products, including digital innovations.
• Technology-driven pandemic responses often encounter intellectual property (IP) challenges.
• Delayed consideration of IP issues can impede the efficient deployment of critical resources and stakeholder engagement.

Purpose of the Study:

• To analyze intellectual property (IP) and innovation challenges during the COVID-19 pandemic.
• To provide a framework and language for navigating IP challenges in pandemic response.
• To offer reasoning for early consideration of IP in global health crises.

Main Methods:

• Analysis of secondary data, including patent data, synthesized with an IP roadmap.
• Focus on technical aspects of research, development, and manufacturing upscaling for crisis-critical products.
• Identification of key stakeholders and analysis of IP challenges across prevention, diagnosis, and treatment.

Main Results:

• Identified four major stakeholder groups: governments, incumbent manufacturers, new entrants, and grassroots initiatives.
• Developed three scenarios illustrating IP challenges faced by these stakeholders in developing and manufacturing crisis-critical products.
• Proposed a framework visualizing organizational changes and IP challenges during a pandemic.

Conclusions:

• Early and proactive consideration of intellectual property (IP) is essential to avoid delays in pandemic response.
• A structured approach, terminology, and policy principles are needed to guide innovation and IP decision-making during health crises.
• Findings from the COVID-19 pandemic offer initial insights but require further verification and careful interpretation.