mRNA Vaccine Patent Declared Invalid in Europe

JUVE Patent today reported the European Patent Office Opposition Division has revoked an essential mRNA vaccine patent.

As of November 21, 2023, a contested mRNA patent owned by Moderna Inc. was declared invalid.

Moderna believes Pfizer and BioNTech copied features of the company's patented technologies critical to the success of mRNA vaccines.

According to Reuters, BioNTech welcomed the decision, calling the patent office's decision "an important one, as we believe that this and others of Moderna's patents do not meet the requirements for grant and should never have been granted."

The legal dispute revolves around Moderna's patents EP 3 590 949 B1 and EP 3 718 565 B1, which protect "ribonucleic acids containing n1-methyl-pseudouracils and uses thereof" and "respiratory virus vaccines," respectively.

However, while both patents are concerned with mRNA vaccines, they have different applications.

EP 949 is concerned with claims concerning modified mRNA.

And EP 565 covers the "betacoronavirus mRNA-LNP vaccine," an improved substance for the prevention of contracting COVID and other respiratory diseases.

The unedited news article is posted at this link.