Patenting Compounds, Compositions, and Methods for Viral Infections: Patent Eligibility Considerations and Challenges

Recording of a 90-minute premium CLE video webinar with Q&A

Conducted on Wednesday, October 7, 2020

Recorded event now available

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Course Materials

This CLE course will provide guidance to patent professionals and their management counterparts on the critical and essential legal issues surrounding technology directed to managing and overcoming the global COVID-19 pandemic. Specifically, they will address the patenting of compounds, compositions, and methods for diagnosing and treating viral infections. The panel will discuss viral mechanisms, claim strategies, subject matter eligibility, and recent court treatment. The panel will also offer best practices for addressing patent eligibility issues.


The COVID-19 pandemic has turned an international spotlight on the issues surrounding patenting antiviral research and protecting IP rights for companies developing treatments and products to diagnose and battle viral infections. Understanding the viral mechanisms of action and related science is critical for optimal IP protection, licensing, and enforcement of this essential medical technology.

Beyond these mechanisms, patent counsel must then consider whether the antiviral treatments and vaccines will be patent eligible in various global markets. Like other patent claims, compound, composition, and method claims for viral infections must have novel, non-obvious, and useful properties. While novel compounds may often be easier to patent, vaccines include multiple layers of patents from formulations to manufacturing to methods of use.

Patent counsel and applicants must navigate the patent eligibility challenges as companies race to develop vaccines and medications to treat viral infections.

Listen as our authoritative panel of patent professionals examines global patenting issues for compounds, compositions, and methods for viral infections. The panel will discuss subject matter eligibility and recent court treatment. The panel will also offer best practices for addressing patent eligibility issues.



  1. Critical legal issues surrounding the global COVID-19 pandemic
  2. Viral mechanisms
  3. Subject matter eligibility for compound, composition, and method of use patents
  4. Global best practices


The panel will review these and other key issues:

  • What are the critical patentability issues when preparing compound or composition patents?
  • How have the courts treated medical diagnostics claims?
  • What strategies should counsel employ to increase the likelihood of getting patent protection for compounds, composition, or method of use claims for viral infections?


Longsworth, Gaby
Gaby L. Longsworth, Ph.D.

Sterne Kessler Goldstein Fox

Dr. Longsworth is a director in the firm's Biotechnology & Chemical Practice. She is sought out by innovator...  |  Read More

Sterne, Robert
Robert Greene Sterne

Founding Director
Sterne Kessler Goldstein Fox

Mr. Sterne serves as an IP strategic advisor to start ups, emerging companies, and investors. He has authored some of...  |  Read More

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