Recalibrating Patent Protection for COVID-19 Vaccines: A Path to Affordable Access and Equitable Distribution

A safe and effective COVID-19 vaccine is the holy grail of our generation, necessary to resurrect societies, save millions lives, protect economies from collapse. Patent protection primary legal mechanism for ensuring timely development such a vaccine. The patent system designed create incentives private parties invest in developing vaccine, knowing they will enjoy fruits their success. Indeed, promote human knowledge generally as well quick, safe, vaccine. Yet reality, law may be obstructing very goal it intended achieve. grants exclusive rights inventors, enabling them charge supracompetitive prices, delaying distribution dissemination emerging technologies. In context means that vaccines financially out reach many. This produces paradoxical result: rather than technological advancement public good, impedes it. Since universal immunity fight against pandemic, delays can catastrophic, costing lives carrying devastating economic consequences. This Article therefore proposes novel, alternative regime, overcome this paradox at heart law. We propose eliminate problem over-protection exists under current law, while still providing sufficient incentive inventors innovative efforts. Under proposed developer new granted protecting its invention, but expire once patentee has recouped investment, plus handsome profit. which we term “recoupment patent,” ensures are rewarded appropriately—but not excessively—for result structure encourages innovation minimizing time takes life-saving inventions domain. compare regime with other suggestions reforming system, including compulsory licensing, government grants, subsidies, prizes, altruistic initiatives private-public partnerships, pools, pledges, highlight recoupment model’s advantages over these alternatives.