Abstract
Abstract This article analyzes various legal defenses and immunities against patent infringement liability during COVID-19 under the Public Readiness and Emergency Preparedness Act (“PREPA” or “Act”). Although initially enacted in response to the 2001 Anthrax attacks, PREPA was once again invoked in response to COVID-19 under the authority of the Secretary of Health and Human Services (the “Secretary”). Through declarations issued by the Secretary, the scope of the original Act inferably expanded in a pursuit to mitigate the public health emergency of COVID-19. The nature of this review primarily focuses on the uncertainties surrounding the extent and practical legal applications of this expansion.
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