ASAP Policy on Intellectual Property Management and Open Science Disclosure

The AI-driven Structure-enabled Antiviral Platform (ASAP) Consortium aims to maximize the use of open science to generate novel small-molecule antiviral drugs and ensure they will be available globally on an equitable and affordable basis in the event of a pandemic (goal of Globally Equitable and Affordable Access). These objectives differ substantially from the goals of typical drug discovery and development programs. Consequently, the consortium requires an IP policy that differs from typical drug discovery programs.

The most favorable path for ensuring rapid globally affordable and equitable access to small-molecule antiviral drugs generated by ASAP (ASAP Antivirals) involves leveraging the defense and control afforded by patents managed through Maximally Permissive Access Licenses (ASAP Licenses). This view arises from extensive previous experience in drug development for neglected patient populations using both standard patent approaches and patent-free approaches. 

To combine (a) the ASAP fundamental goal of open science drug discovery projects within the context of a large collaboration and (b) the smooth progress of ASAP preclinical candidates through development and manufacture for global, accessible, and affordable access of ASAP Antivirals, ASAP member institutions (ASAP Members) need to control ownership of ASAP Candidates (as further defined below). In order to achieve the open science approach of the ASAP Consortium, ASAP Members plan to file Minimally Viable Defensive Patents to secure patent rights specifically protecting ASAP Candidates (ASAP Patents). Therefore, the public release of some data on lead optimization projects and preclinical candidates will be delayed in order to protect inventiveness over prior art until narrow patent filing has been accomplished. To accelerate global antiviral discovery, this policy describes a means of ensuring that all data is released as rapidly as possible and that no data will be permanently withheld from the public domain.