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The scope of patents covering SARS-CoV-2 and diagnostics, vaccines and treatments related to the virus remains unclear, but the pandemic may have created a permanent demand for SARS-CoV-2-related products and spark long-term interest in relevant intellectual property rights.
Biosimilar manufacturing process patent applications first filed more than a year after the biologic is approved, which represent the largest source of patent assertions in biosimilar litigation, could be addressed without requiring intervention by either the courts or Congress.