3.1. Temporal and Geographical Distribution of Patent Families
In total, the selection used in Questel Orbit
® database classified 151 patent families during the period from 1970 to 2014. Considering the year of first application to analyze the patent families, 13 documents were subjected before 1996, 25 documents between 1996 and 2000, 24 documents between 2001 and 2005, 47 documents between 2006 and 2010 and 42 documents after 2010, which demonstrates a growing interest in innovations related to dengue vaccines throughout the years. This is confirmed by
Figure 2, which illustrates the distribution of number of published patents by publication year. Although the analysis starts in 1970,
Figure 2 illustrates the results only since 1990 because between 1970 and 1989 only three patents were granted. The
Figure 2 illustrates that 433 patents (93% of the patents) were granted since 2000, which coincides with the period of highest incidence and social and economic concerns caused by the disease. Epidemiologically in the last 10 years there has been a rapid and marked increase in the number of reported dengue outbreaks in countries with tropical and subtropical climates [
9].
Figure 1.
Type, acquisition and treatment of the data under study.
Figure 1.
Type, acquisition and treatment of the data under study.
Figure 3 presents the distribution of number of published patents by top 20 publication countries. The large number of patents granted by the World Intellectual Property Organization (WIPO) demonstrates high interest, on the part of the patent holders, for filing patent applications to protect inventions in each of the WIPO contracting states. In
Figure 3, it is also possible to note a large number of patents granted to the United States of America (US) and Europe (EP, AT, DE, ES, DK), which may be related to the nationality of depositors, often belonging to these countries [
19], or interest in the pharmaceutical market in that region. It is important to remember that the US and Europe are among the top 10 pharmaceutical markets in the world [
20] and, in addition, during the last decade the local dengue transmission has also been documented in parts of these countries [
21,
22,
23].
Figure 2.
Distribution of number of published patents by publication year from 1990 to 2014.
Figure 2.
Distribution of number of published patents by publication year from 1990 to 2014.
Finally, as documented in previous studies [
16], only a few patent applications have been filed in developing countries. The countries in which more than 30 patents have been filed include China, India, Brazil and Republic of Korea. Brazil and India, two innovative developing countries [
24] have dengue vaccines in early development stages [
25]. Specifically, the increasing co-circulation of DENV in most regions of the world, particularly in Australia, Asia and Latin America, has important implications for patterns in disease severity and hyperendemicity, as well as for ongoing vaccine efforts designed for these markets [
1]. Over time, however, one would expect a trend towards greater patent application filings in developing countries, but past activity should not be construed as a reliable predictor of future activities because a number of patent applications may still enter the national phase under PCT (Patent Cooperation Treaty) filing in developing countries [
16].
Figure 3.
Distribution of number of published patents by top 20 publication countries. WO: World Intellectual Property Organization, US: United States of America, EP: European Patent Office, AU: Australia, CA: Canada, CN: China, JP: Japan, IN: India, BR: Brazil, KR: Korea (South), MX: Mexico, TW: Taiwan, IL: Israel, AT: Austria, DE: Germany, AR: Argentina, ES: Spain, VN: Viet Nam, DK: Denmark, ZA: South Africa.
Figure 3.
Distribution of number of published patents by top 20 publication countries. WO: World Intellectual Property Organization, US: United States of America, EP: European Patent Office, AU: Australia, CA: Canada, CN: China, JP: Japan, IN: India, BR: Brazil, KR: Korea (South), MX: Mexico, TW: Taiwan, IL: Israel, AT: Austria, DE: Germany, AR: Argentina, ES: Spain, VN: Viet Nam, DK: Denmark, ZA: South Africa.
Figure 4 presents the distribution of search results by correlation between the first publication year and the top 20 publication countries. Only six patent offices have granted patents every year in the last nine years (AU, CA, CN, EP, US and WO). Two patent offices did not grant any patent since 2006 (AT and DE), one since 2008 (ZA) and other two since 2010 (DK and ES).
In
Figure 4, it is possible to note two distinct periods of intense publication of patents for the top 20 publication countries, 2000 to 2003 and 2007 to 2010. Core patents of key players suggest that the first period is related to DNA, reverse genetically and chimeric vaccines and the second period with chimeric vaccines again as well as recombinant virus protein vaccines [
16]. The knowledge accumulated during the past decades was fundamental to the granted patents in the last decade.
Figure 4.
Distribution of search results by correlation between first publication year and top 20 publication countries from 1990 to 2014. AR: Argentina, AT: Austria, AU: Australia, BR: Brazil, CA: Canada, CN: China, DE: Germany, DK: Denmark, EP: European Patent Office, ES: Spain, IL: Israel, IN: India, JP: Japan, KR: Korea (South), MX: Mexico, TW: Taiwan, US: United States of America, VN: Viet Nam, WO: World Intellectual Property Organization, ZA: South Africa.
Figure 4.
Distribution of search results by correlation between first publication year and top 20 publication countries from 1990 to 2014. AR: Argentina, AT: Austria, AU: Australia, BR: Brazil, CA: Canada, CN: China, DE: Germany, DK: Denmark, EP: European Patent Office, ES: Spain, IL: Israel, IN: India, JP: Japan, KR: Korea (South), MX: Mexico, TW: Taiwan, US: United States of America, VN: Viet Nam, WO: World Intellectual Property Organization, ZA: South Africa.
3.2. Holders and Co-Ownership Distribution of Patent Families
Table 1 illustrates the distribution of search results by main holders according to the number of patents. Importantly, under the name “US Department of Health & Human Services” patents were added to various institutes attached to the US Government such as “US Navy”, “US Army”, “US Government”, and “US National Institutes of Health”. From 74 holders listed in
Table 1, half refer to public institutions and of these 16 are universities. Most of the NTDs vaccines are currently being developed in the nonprofit sector [
26], but dengue is an important exception. Most often, nonprofit sector is unable to overcome the barriers that exist to transform research results into products and bring them to the market. In the case of dengue vaccines, the strong participation of industry ensures financial resources required for the licensing, manufacturing, and global access to vaccines [
26,
27].
Table 1.
Distribution of search results by main holders.
Table 1.
Distribution of search results by main holders.
|
Many studies cite the importance of public-private partnership as an essential factor for the development of solutions for NTD [
7,
12,
13]. It is hard to measure this partnership in IP, but the co-ownership innovations tool is a powerful instrument for analyzing scientific and technological collaborations and partnerships. However, it is important to remember that the pharmaceutical industry is slowly absorbing the idea of collaborative patent license models through both patent pool and clearinghouse [
28] and this relationship is not identified by the co-ownership tool of Questel Orbit
® database.
Figure 5 presents the distribution of search results by co-ownership only of late-stage dengue vaccine developers [
25]. Network node sizes are displayed in proportion to their “convergence points”, an indicator of the gatekeeper/broker role of the node in the network. In
Figure 5 (Part A), it is possible to examine the relationship between the two private pharmaceutical companies Takeda and Inviragen. These private companies jointly announced in 2013 that they have entered into a definitive agreement for Takeda to acquire Inviragen. This acquisition combines Inviragen’s expertise in both viral vaccine P & D and extensive worldwide network of preclinical and clinical collaborators with Takeda’s resources, product development expertise, and global reach [
29].
Figure 5 (Part A) also illustrates that Takeda has worked with the US Government and its product, a live attenuated tetravalent recombinant chimeric vaccine candidate using an attenuated DENV-2 backbone, is currently in phase II clinical development [
25].
Figure 5.
Distribution of search results by main co-ownerships of late-stage dengue vaccine developers. Part A: co-ownership of Takeda; Part B: co-ownership of US National Institute of Health; Part C: co-ownership of US Army; Part D: co-ownership of Sanofi Pasteur.
Figure 5.
Distribution of search results by main co-ownerships of late-stage dengue vaccine developers. Part A: co-ownership of Takeda; Part B: co-ownership of US National Institute of Health; Part C: co-ownership of US Army; Part D: co-ownership of Sanofi Pasteur.
Figure 5 (Part B) demonstrates the co-ownership of US National Institute of Health (NIH). It is possible to look at the relationship of various US government agencies and the relationship of NIH with Jolla Institute for Allergy & Immunology, an international leader of biomedical research founded by the US Government. The NIH has become the first patent-holder to share its IP with the Medicines Patent Pool, an initiative newly-established with the support of UNITAID [
28], an innovative global health financing mechanism which was co-founded by Brazil, Chile, France, Norway and the United Kingdom in 2006. Several industrial sponsors in Asia and Brazil have been awarded nonexclusive licenses for NIH [
16] to commit in making the results of their research globally available. This is the case of the NIH-Butantan Foundation’s (Brazil) live attenuated tetravalent dengue vaccine that is currently in phase II clinical trial [
25], but this relationship of patent licensing is not captured by the co-ownership tool of Questel Orbit
® database.
Figure 5 (Part C) illustrates the co-ownership of the US Army. Whole virus inactivated vaccines have been produced by Putnak and colleagues of the Walter Reed Army Institute of Research (WRAIR) [
16], but the PI belongs to the US Army. This process is a collaborative development between WRAIR Antigen/GSK adjuvants vaccine and Oswaldo Cruz Foundation (Brazil). All three parties have contributed to preclinical and clinical R & D [
30]. A tetravalent whole virus dengue purified inactivated vaccine is in early Phase I trials in the continental USA and in Puerto Rico [
25]. US Army also has co-ownership with both Merck Sharp & Dohme and Hawaii Biotech and partnerships with several US Government agencies, but these co-ownerships did not produce late-stage dengue vaccines [
25]. It is important to highlight the wide participation and co-ownership of US government institutions in R & D of dengue vaccines. Besides dengue being a serious infectious disease, government institutions have a unique interest in viral vaccines due to bioterrorism that involves deliberate release of viruses, bacteria, or their toxins to cause morbidity and mortality in humans [
31]. Dengue belongs to the class of third highest potential bioterrorism agents, which includes emerging pathogens that could be engineered for mass dissemination in the future because of availability, ease of production and dissemination [
32].
Figure 5 (Part D) demonstrates the co-ownership of Sanofi Pasteur, which has completed clinical testing with a live attenuated tetravalent recombinant chimeric vaccine using a yellow fever backbone [
15]. The original owner of necessary technologies was St. Louis University, which granted an exclusive license to Acambis, which was then exclusively sub-licensed to Sanofi Pasteur along with the entire package of Acambis patents. Moreover, Center for Disease Control and Prevent (CDC) and colleagues have developed a dengue-dengue homologous chimera through a collaborative effort involving Sanofi Pasteur [
16]. These relationships are illustrated in
Figure 5 (Part D). In general, one can say that late-stage dengue vaccine developers are intense co-owners of public–private institutions and, in most cases, there are large pharmaceutical companies involved.
Still, in regards to holders and co-ownership distribution of patent families,
Figure 6 illustrates the distribution of search results by the correlation between the first priority year and the top 10 holders. It is possible to note that Bavarian Nordic, the fourth largest holder of the survey data, has made no priority publications since 2002. The US Navy and US Government are in a similar situation and have produced no priority publications since 2006 and 2007, respectively. On the other hand, Glaxosmithkline and Third Military Medical University concentrate their priority publications over the past five years while Sanofi Pasteur and US Department of Health & Human Service show a more uniform distribution of patents over time. These data do not allow making inferences about the continuity of R & D, conducting clinical trials or granting the IP right to a new holder.
Figure 6.
Distribution of search results by the correlation between first priority year and top 10 holders. Holders: Bavarian Nordic, Centro de Ingenieria Genetica Biotechnologica, Glaxosmithkline Biologicals, Merck Sharp & Dohme, Sanofi Pasteur, Third Military Medical University, US Army, US Department of Health & Human Service, US Government, US Navy.
Figure 6.
Distribution of search results by the correlation between first priority year and top 10 holders. Holders: Bavarian Nordic, Centro de Ingenieria Genetica Biotechnologica, Glaxosmithkline Biologicals, Merck Sharp & Dohme, Sanofi Pasteur, Third Military Medical University, US Army, US Department of Health & Human Service, US Government, US Navy.
3.3. Flow of Knowledge and Classification of Holders
The theoretical and empirical literature about innovation suggests that patent citations provide a way to evaluate the flow of knowledge from an original “stock” and, therefore, reveal the imitation and diffusion of a given idea [
33]. Patent citations reveal the cooperation network for a given technology and the informal dialogue with exchanges of information among companies and countries [
34,
35]. Pieces of knowledge may originate from both the internal and external boundaries of the organization [
36,
37], and in this sense, companies can be classified as organizations that either generate innovations or that adopt them. Both types of organizations are innovative, albeit they follow different paths: for the first, the ability to generate innovative outputs is crucial, whereas the second develops the ability to absorb innovative inputs [
38,
39].
Organizations responsible for 151 patents in this study were classified according to their citation by “holders citations” tool of Questel Orbit® (limitation of three patent families per holder, minimum of one citing patent family and hidden orphan nodes). The arrow directions indicate the citing documents, starting from those that were cited by them. The colors indicate the holders with citations for the selected node: green color indicates the company in question, red for cited companies, yellow for citing companies and orange for both citing and cited company in the same node. Companies with many citing patents were considered to have a high adoption of knowledge by the ability to absorb innovative inputs. Companies cited by other organizations were considered as high generation by their ability to generate and export innovative outputs. It is important to note that this analysis did not identify coincident organizations with different names of registry; as such, some important companies were not evaluated (such as Glaxosmithkline).
Figure 7 illustrates the distribution of search results by correlation between top 10 holders and both priority country (Part A) and publication country (Part B), respectively. Commonly, the priority publication (Part A) occurs in the country of holder’s origin or in the market of most interest for trade (mainly US). Moreover, most of the top 10 holders’ patents were filed in developed countries with only a small number also filed in selected developing countries such as China, India, Brazil, Republic of Korea, Mexico, Taiwan, Argentina, South Africa and Vietnam (Part B).
Figure 7.
Distribution of search results by the correlation between top 10 holders and priority country (part A) and publication country (part B). Holders: Bavarian Nordic, Centro de Ingenieria Genetica Biotechnologica, Glaxosmithkline Biologicals, Merck Sharp & Dohme, Sanofi Pasteur, Third Military Medical University, US Army, US Department of Health & Human Service, US Government, US Navy. Countries: AR: Argentina, AT: Austria, AU: Australia, BR: Brazil, CA: Canada, CN: China, CU: Cuba, DE: Germany, DK: Denmark, EP: European Patent Office, ES: Spain, FR: France, GB: United Kingdom, IL: Israel, IN: India, IT: Italy, JP: Japan, KR: Korea (South), MX: Mexico, MY: Malaysia, SG: Singapore, TH: Thailand, TW: Taiwan, US: United States of America, VN: Viet Nam, WO: World Intellectual Property Organization, ZA: South Africa.
Figure 7.
Distribution of search results by the correlation between top 10 holders and priority country (part A) and publication country (part B). Holders: Bavarian Nordic, Centro de Ingenieria Genetica Biotechnologica, Glaxosmithkline Biologicals, Merck Sharp & Dohme, Sanofi Pasteur, Third Military Medical University, US Army, US Department of Health & Human Service, US Government, US Navy. Countries: AR: Argentina, AT: Austria, AU: Australia, BR: Brazil, CA: Canada, CN: China, CU: Cuba, DE: Germany, DK: Denmark, EP: European Patent Office, ES: Spain, FR: France, GB: United Kingdom, IL: Israel, IN: India, IT: Italy, JP: Japan, KR: Korea (South), MX: Mexico, MY: Malaysia, SG: Singapore, TH: Thailand, TW: Taiwan, US: United States of America, VN: Viet Nam, WO: World Intellectual Property Organization, ZA: South Africa.
The following analysis refers to
Figure 8. In general,
Figure 8 illustrates the great flow of knowledge among all analyzed holders. All private companies have citing/cited patents with US Government agencies (Part A, H, I, L). It is observed also an intense flow of knowledge among several US government agencies (Part B, C and D) and perhaps this is the superior performance reason reached for this country in the number of filed patents for dengue vaccines. Some holders such as Inviragen (Part E), CDC (Part G), Acambis (Part K) and Bavarian Nordic (Part L) display exclusively generator capabilities, while virogenetics (Part F) presents a totally opposite result, in other words, exclusive absorber capabilities.
Figure 8 also demonstrates the presence of a small number of universities involved in the flow of knowledge (only Mahidol—Part J and Virogenetics—Part F) which suggests some conclusions: (i) universities have generated few patents/R & D on the topic at hand; (ii) universities may not be responsible for the basic knowledge required for the technologies involved in this type of innovation; and (ii) universities can transfer the generated knowledge through other sources such as conferences and scientific papers. The analysis of
Figure 8 and
Figure 9 is also useful as an empirical basis for evaluating mergers and acquisitions in the pharmaceutical industry as these processes may occur due to the need to expand portfolios, with the goal of acquiring new technology [
40] or the need for legal adjustments to the use of technology protected by IP rights [
41]. It is important to remember that Inviragen was acquired by Takeda and the Acambis by Sanofi Pasteur. The assessment of both co-ownership and co-citation shows strong correlation between these companies (
Figure 8, Parts A and H). Finally, the analysis of
Figure 8 may also be of interest for evaluating the technological overlap of products in development since any company whose patents are citing a given patent is likely to be operating in the same technological area [
34]. This complex analysis is beyond the scope of this work, but studies about the technological base of dengue vaccine suggest technical proximity of some products like those patented by Inviragen (Takeda), Acambis (Sanofi-Pasteur) and NIH, which have technologies that are all variants of the Chimeric Live Attenuated Dengue Vaccines [
16]. The flow of knowledge established between these companies can be seen in
Figure 8 (Part A). Finally,
Figure 9 illustrates the classification of each holder by the number and type of citations. US Government agencies, Inviragen, Takeda, Mahidol University, Sanofi Pasteur and Merck Sharp & Dohme can be considered higher absorptive capability companies and US Government agencies (except CDC), Sanofi Pasteur, Merck Sharp & Dohme and Virogenetics have higher ability to generate and export innovative outputs. It is important to note that late-stage dengue vaccine developers [
25] such as Takeda, US Army (Oswaldo Cruz Foundation), and Sanofi Pasteur have higher absorption capabilities. The main holders (US Department of Health and Human Service) showed both high absorption of knowledge and generation of capabilities.
Figure 8.
Holders’ citations of main companies/institutions. Flow of knowledge of Sanofi Pasteur (Part A), US Department of Health and Human Service (Part B), US Army (Part C), US Government (Part D), Inviragen (Part E), Virogenetics (Part F), Center for Disease Control and Prevent (Part G), Takeda (Part H), Merck Sharp & Dohme (Part I), University Mahidol (Part J), Acambis (Part K), Bavarian Nordic (Part L).
Figure 8.
Holders’ citations of main companies/institutions. Flow of knowledge of Sanofi Pasteur (Part A), US Department of Health and Human Service (Part B), US Army (Part C), US Government (Part D), Inviragen (Part E), Virogenetics (Part F), Center for Disease Control and Prevent (Part G), Takeda (Part H), Merck Sharp & Dohme (Part I), University Mahidol (Part J), Acambis (Part K), Bavarian Nordic (Part L).
Figure 9.
Holders’ classification by the number and type of citation.
Figure 9.
Holders’ classification by the number and type of citation.
3.4. Technological Domain
Figure 10 illustrates the most common IPC codes of search results. Obviously, the IPC used in the selection of patents, A61K-039, is the most common. This larger class has some important sub classifications related to viral antigens (A61K-039/12), polyvalent viral antigens (A61K-039/295) and formulations containing immune-stimulating additives (A61K-039/39). The second class related to human needs, A61P-031, refers to anti-infective, preferably antiviral (A61P-031/12) for RNA viruses (A61P-031/14). However, as the focus is to analyze the technological expertise of selected patents, the classification “C” which refers to chemical compounds may be more interesting.
The second most frequent class in
Figure 10 is the C07K-014 which refers to peptides containing more than 20 amino acids and that is subdivided into DNA virus peptide such as Epstein-Barr virus (C07K-014/005), RNA virus peptide as HIV-1 (C07K-014/016), and RNA virus peptide of the family Togaviridae, such as flaviviruses for example (C07K-014/018). Following, the C12N-015 class depicts the processes related to mutation or genetic engineering, DNA or RNA concerning genetic engineering and preparing vectors which may occur by recombinant DNA technology (C12N-015/009), by preparing mutants without introduction of exogenous genetic material, by using DNA or RNA fragments or genes that encode animal protein/viral proteins/RNA virus protein such as Flavivirus (C12N-015/040), by using DNA sequences that encode fusion proteins (C12N-015/062) or by the introduction of exogenous genetic material using both regulation of the expression and viral (C12N-015/086) vectors (C12N-015/063). The less frequent class C12N-007 refers to the composition, preparation or purification of virus/bacteriophage (C12N-007/00), and the proceedings for inactivation or attenuation (C12N-007/04), including the one regarding the transfer virus in the series (C12N-007/08).
Figure 10.
Technological fields of search results.
Figure 10.
Technological fields of search results.