Viral list of ‘patents on viruses’ fact checked

An image has been circulating on social media with claims it shows a list of patent numbers for viruses, including H1N1 flu, Zika virus and SARS (Severe Acute Respiratory Syndrome). But this is not quite right—and the suggestion in some posts that the list proves the diseases were “created” or “manmade” is false.

The image shows a list of viruses, as well as AIDS, alongside numbers supposedly representing their patents. One of the posts we’ve seen on Facebook shares the image with the caption: “Patents on viruses for ‘research purposes’ for biotechnology ‘innovation’ aka designer viruses.” 

But the numbers are not all “patents on viruses”. While three do correspond to patents for disease-causing pathogens in some form, others are patents for a potential cure, diagnosis method or research relating to the pathogen, and one of the numbers is not a patent number at all. Some of the patents are no longer active. 

It’s also worth noting there are many legitimate and scientific reasons for patenting a pathogen, such as for vaccine development—it does not necessarily mean that whoever applied for the patent invented or created the virus, as some of the posts sharing this list suggest. 

This is not the first time we’ve fact checked claims about patents on viruses—we looked at a similar list back in 2020. Misleading health information has the potential to cause harm if people use it to make decisions about their own health.

We’ve looked below at each of the numbers included in the list circulating recently on social media.

“AIDS US5676977A”—a patent number for a potential cure

While this is a genuine patent number, it is not for AIDS or HIV (the virus that causes AIDS). AIDS, or Acquired Immune Deficiency Syndrome, is the umbrella term for a number of potentially life-threatening infections and illnesses that can result from someone’s immune system being damaged by HIV. 

This patent is for “tetrasilver tetroxide molecular crystal devices”, which were developed as a potential cure for AIDS but were never found to be effective. This patent was filed in 1996 and expired in 2014. 

“H1N1 US8835624B1”—a patent number for an aptamer

This patent number does exist, but it’s not for the H1N1 virus (one of the most common causes of swine flu and the source of the 2009 pandemic).

The patent is for an aptamer, which is a tiny strand of DNA or RNA that can bind to certain target molecules on the surface of a pathogen. Specifically, this patent is for an aptamer that binds to H1N1 influenza A and which scientists hoped would detect the presence of the virus for diagnostic purposes.

“Ebola US20120251502A1” and “CA2741523A1”—patent numbers for strains of the virus

The US patent number US20120251502A1 is for a species of human Ebola virus sometimes known as EboBun. 

While the patent was applied for by the US government, this does not mean it invented the virus. The government applied for the patent for the purpose of granting rights for other companies to use the virus strain for research and to prevent anyone else patenting it and restricting use of the strain. The patent is now listed as “abandoned”. 

The image also lists the patent number CA2741523A1, which is a patent application made to the Canadian Intellectual Property Office, also by the US government, for EboBun. This patent is active at the time of writing. 

“Swine Flu US8124101B2”—a patent number for the weakened virus

This is a patent that relates to an attenuated swine flu virus—one that has been weakened in a laboratory—used for “vaccine and pharmaceutical formulations”. The patent application was filed in 2005 by the US government and two medical schools in the country, and is active at the time of writing. 

“Zika ATCC VR-84”—not a patent number at all

This sequence of letters and numbers is not for a patent. It’s actually the name of a particular strain of the Zika virus. 

The ATCC stands for the American Type Culture Collection, which is a nonprofit resource for biological materials that collects and stores pathogen samples. VR-84 is the name of the Zika virus strain that was first isolated by scientists. The VR-84 name is trademarked by the ATCC.

“SARS US7897744B2 & US8506968B2”—patent numbers related to a genomic sequence and vaccines

The first number is a US patent for the “genomic sequence” of the SARS coronavirus filed by the Public Health Agency of Canada in 2004, following an outbreak of SARS that began in 2002. This does not mean that the applicant invented the virus, but rather identified its genetic composition. 

The patent says the genomic sequence may be used for “the diagnosis, prophylaxis, or therapy of a variety of SARS virus related disorders”. Prophylaxis refers to preventative treatment against a disease. 

The second number listed against SARS in the image is a now-expired patent for “SARS vaccine compositions and methods of making and using them”. 

“Coronavirus US10130701B2”—patent number for a weakened strain of the virus

Coronaviruses are a family of viruses found in both animals and humans, including a significant percentage of common colds, SARS, and of course, Covid-19. 

The Pirbright Institute applied in 2015 for a patent with this number—it relates to one type of coronavirus known as avian infectious bronchitis virus (IBV). The patent concerns a weakened version of the virus with the aim of being “used as a vaccine for treating and/or preventing a disease, such as infectious bronchitis” for birds and other animals. 

But, as we wrote in our 2020 article, this patent is not related to the virus that causes Covid-19.