I got my second vaccine dose this week and ended up getting pretty sick for a day or so. As I was laying in bed recovering (wondering how I would get around to writing my weekly patent post), it crossed my mind that the vaccine is actually a great analogy for patent protection.
It takes time to book an appointment, go to the pharmacy, and get your shot. And there is the cost associated with the fact that you may react with various symptoms that could last a day or two.
It also takes time and effort to prepare for a good patent application, and it is going to cost a fair bit initially to complete the preparation, draft, and file the application.
The vaccine protects you against COVID-19 and the patent protects you against your competition!
On the other hand, if you don’t get the vaccine, you could be facing a far more serious situation. There is a significant risk of getting COVID-19, and potentially even dying from it.
Similarly for innovative businesses that depend on their technology for their competitive advantage, if you don’t get a patent application it could cause serious issues. Your competition may create a similar product and run you out of the market, or even put you out of business.
If your business is innovative, get your vaccine against your competition by pursuing a patent!
PS: If you’re wondering about the image, it’s a polynucleotide primary mRNA construct from one of Moderna’s patents related to the COVID-19 vaccine.