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The 2008 date was when the Patent Application was put into final acceptance for examination. The filing date (when received in the PTO mail room) was exactly one year earlier. I put the links below from the US Patent and Trademark Office to verify this. You can also download any of the sections or copy from those pages and I strongly recommend that you do so. (the patent could be by amendment classified as secrete and pulled)
And yes the the Swine Flu virus H1N1 is listed "with many others" as copied from the Patent Application here at:  "A vaccine can be used e.g. for an injection as a prophylactic means against a virus associated disease. In particular preferred embodiments the composition or vaccine comprises more than one antigen, e.g. 2, 3, 4, 5, 6, 7 or 8, in particular of different virus strains, subtypes or types such as influenza A and influenza B, in particular selected from of one or more of the human H1N1, H2N2, H3N2, H5N1, H7N7, H1N2, H9N2, H7N2, H7N3, H10N7 subtypes, of the pig flu H1N1, H1N2, H3N1 and H3N2 subtypes, of the dog or horse flu H7N7, H3N8 subtypes or of the avian H5N1, H7N2, H1N7, H7N3, H13N6, H5N9, H11N6, H3N8, H9N2, H5N2, H4N8, H10N7, H2N2, H8N4, H14N5, H6N5, H12N5 subtypes. "
Originally posted by chiron613
The patent was filed August 28, 2008 (link).
H1N1 has been known for decades. It's not a brand-new flu; it's one of several well-known varieties. You can probably find patents for H1N1 vaccines going back to 1976, if not earlier.
[edit on 8/21/2009 by chiron613]