Pandemic Patents

The medical field is full of equipment and pharmaceutics that require patents to protect the product and the company that produced or developed it. A medical patent is an exclusive government-granted right to preserve that medical product or even technology from being made by competitors for a certain period (Medical Patent: Everything You Need to Know, 2022). Many feel that these patents on medical products allow those companies to monopolize at the cost of human lives. The COVID-19 pandemic was just one of these examples where many feel this has occurred, with not only the COVID-19 vaccine but many of the products used as personal protective equipment (PPE) used during the pandemic, such as N-95 masks. 3M carries a patent on the term respirator and N95, making it difficult for other companies to produce this type of mask (Stiglitz, 2020). Not allowing other companies to create lifesaving equipment or supplies during a global pandemic can significantly affect how patients are cared for.

If I were the CEO of one of these companies that had produced a high-necessity item that could be used to fight against the pandemic, I would need to do a pro and con analysis on the benefit or downfall of either sharing the specific product or even technology. I also feel that you would need to consider the situation’s morals. Many think that not sharing the vaccine recipe during the COVID-19 pandemic, the underprivileged countries will suffer and will not have the same advantage as the United States.

According to Rowland, Rauhala, and Berger (2021), drug companies developing the COVID-19 vaccine were only going to sell it to the United States and European countries, as they were wealthy nations. As the CEO, I have to believe in doing the right thing producing as much of the product as possible. Still, if my current company were not able to have enough, I would allow others to be able to make the same product to get it out to the world and possibly save additional lives. This could allow other companies in other parts of the world to distribute products to those in need or even third-world countries. The medical patient could be transferred for a specific time frame for another company to be allowed to make your product. This process is allowable if both parties would agree upon it. It can be labeled for only a specific time frame; the patent would return to the original company.

As Christian business owners, we must follow the direction of God and find a balance between the business needs and the needs of patients or individuals in need. Doing both will allow your company to achieve profitability and also allow the demand for the product to be made to help with the global pandemic. As Luke 6:38 and Galatians 6:9 state, “Give, and it will be given to you. A good measure, pressed down, shaken together, and running over, will be poured into your lap. For with the measure you use, it will be measured to you” and “Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up” (NIV).

References

 Medical Patent: Everything You Need to Know. (2022). UpCounsel. https://www.upcounsel.com/medical-patent#:%7E:text=A%20medical%20patent%20refers%20to%20an%20exclusive%20government-granted,or%20used%20by%20competitors%20for%20a%20limited%20time.

Rowland, C., Rauhala E., & Berger, M. (2021, March 20). Drug companies defend vaccine monopolies in the face of global outcry. The Washington Post. https://link.gale.com/apps/doc/A655745537/BICu=vic_liberty&sid=summon&xid=4321e4f8

Stiglitz, J. A. E. J. (2020). Patents vs. the Pandemic. Ideas & Insights. https://www8.gsb.columbia.edu/articles/chazen-global-insights/patents-vs-pandemic

The Holy Bible: New international version. (2011). Grand Rapids, MI: Zondervan.

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The companies that developed the vaccines and treatments in the COVID-19 pandemic provide real-life, real-time examples of protecting patents as business assets while answering social responsibility concerns.

Pandemic Patents

As the CEO of one of these companies, how would you respond to calls to share your company’s IP, and under what circumstances? How would a Biblical worldview influence your decisions?