Report Overview

The WHO has identified that Pandemic Influenza – H1N1 (commonly referred as ‘swine flu’) and especially H5N1 (commonly referred as ‘bird flu’) - is a serious threat to global human health. H5N1 pandemic has been spreading in Asia since 2003, reaching Europe in 2005, and the Middle East as well as Africa in 2006 (Monke, 2006), while the H1N1 flu pandemic broke out internationally in 2009. Both outbreaks have caused the general public around the world concern about the potential impacts of H5N1 (‘bird flu’) and H1NI (‘swine flu)’. The WHO indicates that pandemic influenza preparedness is important to improve the capability to respond to influenza.

This Boliven Landscape^TM is based on a patent search report provided by World Intellectual Property Organization (WIPO) published by WIPO on 1 April 2011 combined with a semi-automated and expert-validated analysis of the technology patent space conducted by CambridgeIP experts on Boliven^® systems.

This Boliven Landscape^TM presents an analysis of patenting trends in pandemic influenza preparedness relevant to the H5N1 and H1N1 (combined hereafter and referred when appropriate as ‘PIP-HN’) viruses in the past several years. A sample set of exemplary patents and patent applications is provided. Initial documents were identified by WIPO experts and resulting dataset were then analysed in more depth by CambridgeIP experts.

The report comprises analytics including top ranking patenting organizations, top ranking industry application codes (IPC) and patent application trends over time. Additionally, the report illustrates the geography distribution of filed patents and also ranks patent according to family size and time of application.

The complete patent dataset is accessible on request and may be downloaded as an excel file for offline analysis.

Introduction

In response to a request from World Health Organization (WHO), the World Intellectual Property Organization (WIPO) carried out a patent search and analysis regarding pandemic influenza preparedness relevant to the H5N1 and H1N1 viruses (PIP-HN) (WIPO, 2011). WIPO’s findings were published on 1 April 2011.

The search strategy and methodology adopted by WIPO included an initial search for issued and granted patent applications under the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO), and the Patent Cooperation Treaty. The initial search was further complimented with a corroborative search based on published amino acid sequences of H5N1 strains and an assignee focused portfolio search. The search ranges from 01/01/1996 to 12/02/2011 for H5N1 virus and from 01/04/2009 to 12/02/2011 for H1N1 virus.

This Boliven Landscape^TM report presents a series of analysis by CambridgeIP experts of patenting trends of all patents scored relevant to the PIP space by WIPO (the ‘Group 1’ and ‘Group 2’ patents) in their report. The CambridgeIP analyses include trends over time, top assignees, top inventors, industry applications trends, authority geography and patent family.

WIPO’s findings and CambridgeIP’s subsequent analysis indicates that the technology space of PIP-HN:

• Is a complex space involving scientific findings, technology developments and intellectual property (WIPO, 11)
• Has high levels of public interests, support, involvement and development, compared to other fields
• Emerges as a result of investment in pandemic influenza research by both public and private sectors (WIPO, 2011)
• Has seen a number of patent applications identified from companies based in industrialized countries that are now co-owned by companies of developing countries. This might be considered as one form of technology transfer and of evidence of emerging commercial models that facilitate broad access to new technologies (WIPO, 2011)

Top 10 newest patent applications

The top 10 newest patents prior to 12/02/2011 (defined by the scope) may give an indication of the recent development focus in the PIP-HN space.

Top 10 newest patent applications in the PIP-HN space

Top Assignees

An analysis of the top 30 patent owners by number of patent applications filed demonstrates that the overall space attracts interests from public health sector (government, hospital), research institute, and corporations. The top 10 patent owners over the investigated period also include a wide range of players from both the public and private sectors, including government agencies, research institutes, well established vaccine producers, top pharmaceutical companies, and SMEs around the world.

As pointed out in the WIPO report (WIPO, 2011), the rationale of the intellectual property policies of many public sector research institutions is underpinned by private sector investment. Meanwhile, public sector support including regulatory approval and eventual use of technologies with humanitarian goals in mind is vital to the success and future growth of private sector initiatives in this area.

Assignee Graph: Top 10 patent owners in the PIP-HN technology space

 

Index	Name	Nr of Patents
1	MEDIMMUNE LLC	40
2	US GOV NAT INST HEALTH	31
3	DOW AGROSCIENCES LLC	19
4	MEDICAGO INC	19
5	AGENCY SCIENCE TECH & RES	16
6	ST JUDE CHILDRENS RESEARCH HOSPITAL	16
7	BOEHRINGER INGELHEIM VETMEDICAL INC	15
8	NOVARTIS AG	12
9	VICAL INC	12
10	HONG KONG DNA CHIPS LTD	11
11	GEN-PROBE INC	10
12	UNIVERSITY PENNSYLVANIA	9
13	VARIATION BIOTECHNOLOGIES INC	8
14	BIOMÉRIEUX	7
15	PHARMEXA INC	7
16	CT INGENIERIA GENETICA BIOTECH	6
17	INSTITUT PASTEUR OF SHANGHAI	6
18	INTELLIGENT MEDICAL DEVICES INC	6
19	VGX PHARMACEUTICALS LLC	6
20	YEDA RESEARCH AND DEVELOPMENT CO LTD AT THE WEIZMANN INSTITUTE OF SCIENCE	6
21	COUNCIL SCIENT IND RES	5
22	STATENS SERUMINSTITUT	5
23	BEA SYSTEMS INC	4
24	CHIRON CORP	4
25	HAI KANG LIFE CORP LTD	4
26	PROTELIX INC	4
27	TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA THE	4
28	WYETH CORP	4
29	ACADEMIA SINICA	3
30	BAXTER INTERNATIONAL INC	3

Assignee Table: Top 30 patent owners in the PIP-HN technology space

Geographical Distribution

The patent filing of PIP-HN technology demonstrates a global spread. This is likely due to the nature of pandemic influenza requirement for global application of related technology. The geographical analysis also demonstrates how developing countries are increasingly using intellectual property as a tool to contribute to their economic growth and development (WIPO, 2011). Yet as we can see the US and Europe still dominate PIP-HN patent filing activity, with Australia and Canada following.

Distribution of patenting countries and authority regions in the PIP-HN space

International Patent Classification Analysis

The international patent classification (IPC) is a hierarchical patent classification and updated on a regular basis by a committee of experts and assigned by patent examiners to patent applications. Level 3 IPC codes can be used as a proxy for the industrial application areas of technology developments covered in patent filings. An understanding of IPC codes can help guide policy-makers, investors, companies and others in relation to technology deployment trends.

The industrial application areas represented by IPC codes are graphically illustrated by CambridgeIP in the below pie chart. A61K is a widely used IPC level 3 for a wide range of medical and pharmaceutical technologies. C12N and C12Q are IPC level 3 focusing on the microorganism related preparation, measuring and testing processes. C07K is an IPC level 3 covering biopharmaceutical applications of recombinant proteins.

IPC	Description
A61K	PREPARATIONS FOR MEDICAL, DENTAL, OR TOILET PURPOSES;
C12N	MICRO-ORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICRO-ORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA;
C07K	PEPTIDES;
C12Q	MEASURING OR TESTING PROCESSES INVOLVING ENZYMES OR MICRO-ORGANISMS; COMPOSITIONS OR TEST PAPERS THEREFOR; PROCESSES OF PREPARING SUCH COMPOSITIONS; CONDITION-RESPONSIVE CONTROL IN MICROBIOLOGICAL OR ENZYMOLOGICAL PROCESSES;
A61P	THERAPEUTIC ACTIVITY OF CHEMICAL COMPOUNDS OR MEDICINAL PREPARATIONS;
Other	Other

 

 

 

Distribution of IPC codes of PIP-HN

 

The figure below focuses on the top four application IPCs in WIPO’s PIP dataset as analysed by CambridgeIP.

 

The marked increase observed could be linked to the outbreak of avian influenza with pathogenic strain H5N1 since 2003, and a consequent increase in R&D efforts around the world. ‘Bird flu’ influenza reached Europe in 2005, and the Middle East as well as Africa in 2006. As patent applications may be unpublished for 18+ months this could explain that there may be a lag between events, increased R&D efforts and consequent number of reported patents observed.

 

We observe a significant decrease in reported patents in the C07K area (applications of recombinant proteins) starting from 2005, possibly indicating increased maturity of relevant process related technologies.

 

Trends in top industry applications of PIP-HN, as proxied by IPC codes. Please note that patent applications may be unpublished for 18+ months. Therefore the number of reported patents for the last 2 years may be under-represented.

 

Index	IPC	Description	% of all
1	A61K	PREPARATIONS FOR MEDICAL, DENTAL, OR TOILET PURPOSES;	26.67%
2	C12N	MICRO-ORGANISMS OR ENZYMES; COMPOSITIONS THEREOF; PROPAGATING, PRESERVING, OR MAINTAINING MICRO-ORGANISMS; MUTATION OR GENETIC ENGINEERING; CULTURE MEDIA;	21.59%
3	C07K	PEPTIDES;	13.31%
4	C12Q	MEASURING OR TESTING PROCESSES INVOLVING ENZYMES OR MICRO-ORGANISMS; COMPOSITIONS OR TEST PAPERS THEREFOR; PROCESSES OF PREPARING SUCH COMPOSITIONS; CONDITION-RESPONSIVE CONTROL IN MICROBIOLOGICAL OR ENZYMOLOGICAL PROCESSES;	10.60%
5	A61P	THERAPEUTIC ACTIVITY OF CHEMICAL COMPOUNDS OR MEDICINAL PREPARATIONS;	9.88%
6	C07H	SUGARS; DERIVATIVES THEREOF; NUCLEOSIDES; NUCLEOTIDES; NUCLEIC ACIDS;	6.96%
7	C12R	INDEXING SCHEME ASSOCIATED WITH SUBCLASSES OR , RELATING TO MICRO-ORGANISMS;	3.15%
8	G01N	INVESTIGATING OR ANALYSING MATERIALS BY DETERMINING THEIR CHEMICAL OR PHYSICAL PROPERTIES;	3.09%
9	C12P	FERMENTATION OR ENZYME-USING PROCESSES TO SYNTHESISE A DESIRED CHEMICAL COMPOUND OR COMPOSITION OR TO SEPARATE OPTICAL ISOMERS FROM A RACEMIC MIXTURE;	2.15%
10	A01N	PRESERVATION OF BODIES OF HUMANS OR ANIMALS OR PLANTS OR PARTS THEREOF; BIOCIDES, e.g. AS DISINFECTANTS, AS PESTICIDES OR AS HERBICIDES; PEST REPELLANTS OR ATTRACTANTS; PLANT GROWTH REGULATORS;	0.99%
11	A01H	NEW PLANTS OR PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES;	0.66%
12	C40B	COMBINATORIAL CHEMISTRY; LIBRARIES, e.g. CHEMICAL LIBRARIES, IN SILICO LIBRARIES;	0.39%
13	G06F	ELECTRIC DIGITAL DATA PROCESSING;	0.28%
14	A61B	DIAGNOSIS; SURGERY; IDENTIFICATION;	0.22%
15	C12M	APPARATUS FOR ENZYMOLOGY OR MICROBIOLOGY;	0.06%

 

 

Top 15 PIP-HN IPC codes

Network Analysis - Medimmune LLC

For a selected assignee, Network Analysis gives an overview of collabrations of inventors/assignee, inventor/inventor, and the intensity of such collabrations. It can be used as a guide in looking for collabration, partnership and potential investment opportunity. Depending on requirement, the Network Analysis can be drilled down into various levels. Level 1 shows the network of the selected assignee and its inventors and secondary affiliations associated with these inventors.  For Level 2 analysis, apart from what generated from Level 1 analysis, it shows extended network associated with the secondary affiliations/assignees.  A Level 2 analysis on Medimmune LLC is illustrated in graph below.

The graph shows that the focused (primary) assignee, Medimmune LLC has strong collabrations with a secondary assignee, US Gov Nat Inst Health. It also shows that inventors including Yang Chin-Fen, Kemble George, Subbarao Kanta and Murphy Brian are affliated to both Medimmune LLC and US Gov Nat Inst Health, and the relative level of collabration between them.

Network Analysis of Selected Assignee - Medimmune

Glossary

Focus Data

References

[1] Monke, Jim. "Avian Influenza: Agricultural Issues." CRS Report for Congress. RS21747. August 29, 2006.

[2] WIPO (2011) Patent search report on pandemic influenza preparedness (PIP)-related patents and patent applications

[3] WIPO (2006). Working Paper: Patent issues related to influenza viruses and their genes - An overview. WIPO: Geneva. http://tiny.cc/6xa2t and WHO (2007). Patent Landscape for the H5 virus: Interim Report. http://tiny.cc/xf6l4 and WHO (2007). Mapping of Intellectual Property Related to the Production of Pandemic Influenza Vaccines. WHO: Geneva. http://tiny.cc/dnt37

Introduction

Full Data

Conclusions

• The fact-based information on pandemic influenza preparedness-related patents, including patent applications, relevant to the H5N1 and H1N1 viruses (bird flu and swine flu viruses), provided by WIPO show that the range of types of inventions covered in patents and patent applications are a result of investments from both the public and private sectors.

• Top 10 patent owners within the H5N1 and H1N1 viruses’ space over the investigated period include a wide range of players from both the public and private sectors, including government agencies, research institutes, well established vaccine producers, top pharmaceutical companies, and SMEs around the world.

• Patent filing of PIP-HN technology has a global spread, with developing countries increasingly using intellectual property as a tool to contribute to their economic growth and development.

• In the PIP-HN technology space, US and Europe dominate patent filing activity, with Australia and Canada following.

• A marked increase in the rate of global PIP-HN patent applications is observed in the period over 2004 to 2007.

Future work

• Analyse to what extent collaborations, licenses and technology transfer are taking place between different entities, including between and among developed and developing countries in the PIP-HN (bird flu and swine flu) areas.

• Understand different technology models and IPR systems appropriate for the most rapid deployment of developed technologies, to improve Pandemic Influenza Preparedness readiness

• Detailed analysis of leading technology developers: To benchmark players and technology systems, and to identify collaboration opportunities in this important area

• Blocking patents, patent thickets and white space analysis: To inform the next generation of PIP-HN technology deployment.

Trends over time

The focus area of this WIPO report (WIPO, 2011) is on inventions comprising a “component or a derivative of the H5N1 virus strain” for diagnosing, treating or preventing infections by H5N1 and H1N1 influenza virus strains in humans. The patenting trend observed in the ‘PIP-HN’ space differs from previous influenza-related patent searches (WIPO, 2006), differences are mainly due to the technology scope defined by the prior searches.

We observe a marked increase in the rate of global PIP-HN patent applications in the period 2004 to 2007. The marked increase could be linked to the outbreak of avian influenza (‘bird flu’) with pathogenic strain H5N1 since 2003. This strain of ‘bird flu’ reached Europe in 2005, and the Middle East as well as Africa in 2006 (Monke, 2006).

Trends in PIP-HN patent applications over all time. (Note: Patent applications may be unpublished for 18+ months. Therefore the number of reported patents for the last 2 years may be under-represented.)

Top Inventors

An analysis of the top 30 inventors in the PIP-HN technology space, by number of applications filed reveals a high proportion of inventors based in or affiliated with government health organisations, Universities and research institutes. This is consistent with an early stage technology space.

Patent family analysis

Patent families having a large number of members tend to be the largest and most relevant to the studied space. Patent families can have variations (i.e. different aspects of a technology) between family members. For this reason, not all members of each family will be included in project datasets.

Top 10 largest families in the PIP-HN space

Related Documents

References

[1] Monke, Jim. "Avian Influenza: Agricultural Issues." CRS Report for Congress. RS21747. August 29, 2006.

[2] WIPO (2011) Patent search report on pandemic influenza preparedness (PIP)-related patents and patent applications

[3] WIPO (2006). Working Paper: Patent issues related to influenza viruses and their genes - An overview. WIPO: Geneva. http://tiny.cc/6xa2t and WHO (2007). Patent Landscape for the H5 virus: Interim Report. http://tiny.cc/xf6l4 and WHO (2007). Mapping of Intellectual Property Related to the Production of Pandemic Influenza Vaccines. WHO: Geneva. http://tiny.cc/dnt37