different strain of misinformation, spread predominantly online, focuses on the existence of a proprietary rights over coronaviruses. Groups like QAnon, as well as some members of the anti-vaccination community, have used social media to suggest that the United States government, or publicly funded research institutions, “own the coronavirus”—with the
implication that the current outbreak is the product of a governmental or quasi-governmental conspiracy—or, in some cases, of
individuals like Gates.
This idea appears to derive from poorly interpreted patent searches. There are, in fact, patents covering inventions developed in connection with different forms of coronaviruses. In 2004, the Centers for Disease Control and Prevention (CDC) filed a
patent application covering specific isolated components of a type of coronavirus distinct from COVID-2019: severe acute respiratory syndrome (SARS). The patent was issued and published in 2007 and is set to expire in 2024. Similarly, in 2015 the Pirbright Institute, a British research institute, applied for a
patent on an attenuated form of coronavirus, which was granted in 2018 and is set to expire in 2035. This form of coronavirus, however, is related to the Avian infectious bronchitis virus, which is not known to pose a threat to humans. Existing patents thus cover inventions related to different types of coronaviruses, none of them the one at the root of the COVID-19 outbreak. Moreover, in line with current
caselaw, patents cannot possibly cover the viruses themselves.