In the intricate landscape of mRNA legal battles across Europe, Moderna faced a setback as the European Patent Office invalidated one of its patents related to the COVID-19 vaccine earlier this month. This development follows legal disputes involving BioNTech and Pfizer in various countries.
As reported earlier by us, the contested ‘565 patent encompassed “respiratory virus vaccines,” including those for MERS and SARS, as per the European Patent Office’s records
Background of Dispute
BioNTech initiated opposition against the patent in September 2022, with Pfizer joining the opposition in January. Their argument centers on the assertion that the patent lacks a “sufficiently clear and complete” description of the invention and cannot be patented as it is “neither novel nor inventive”.
Moderna now has a two-month window to appeal this decision, a course of action the company expressed to Endpoints News. A Moderna representative conveyed disagreement with the European Patent Office’s ruling, emphasizing the companys ongoing belief in the validity of the ‘565 Patent’.
Endpoints reported BioNTech’s positive response to the decision, deeming it necessary as they believe several of Moderna’s patents, including this one, fail to meet grant requirements.
Additionally, BioNTech emphasized that none of the numerous amended claims filed by Moderna were considered sufficient to maintain the opposed patent in an amended form. The representative vowed to defend their innovations against patent infringement allegations vigorously.
This legal saga unfolds as Moderna initiated lawsuits against BioNTech and Pfizer, accusing them of copying parts of its vaccine technology.
Battle Grounds Drawn
This legal dispute extends to the US courts, where Pfizer and BioNTech challenge several of Moderna’s Covid-19 vaccine patents.
In August of the previous year, Pfizer and BioNTech lodged petitions challenging Moderna’s patents before the Patent Trial and Appeal Board. Moderna, in turn, accused Pfizer and its partner of copying its vaccine technology with Comirnaty. The legal back-and-forth continued, with Pfizer and BioNTech contending that Moderna’s patents were overly broad.
Moderna escalated the legal battle by suing BioNTech in Germany for patent infringement, expressing a desire for monetary damages from certain countries without removing Comirnaty from the market. Following lawsuits in the US and Germany, Moderna extended legal actions to the UK, Ireland, and Belgium.
In a separate development, Pfizer and BioNTech recently settled a lawsuit filed by Promosome, which accused them of violating a decade-old patent related to mRNA technology. The terms of the settlement reached in October remain undisclosed.
Amidst these legal clashes, the focus on protecting intellectual property rights is vital. However, the ultimate concern remains ensuring fair access to life-saving vaccines while upholding innovation and respecting patent boundaries.
The invalidation of Moderna’s patent by the European Patent Office seems to intensify the legal wrangling between major pharmaceutical players in the race for COVID-19 vaccine patents. This tug-of-war underscores the significance of patent clarity and innovation in the realm of life-saving vaccines.
Moderna’s potential appeal against the decision by the European Patent Office signifies the company’s staunch belief in the validity of its patents. This could prolong the legal entanglement, adding further uncertainty to the landscape of vaccine patent rights.
The legal complexities surrounding patents in the pharmaceutical industry, particularly related to COVID-19 vaccines, highlight the fierce competition and high stakes involved. It’s not just about scientific advancements but also about protecting intellectual property.
Wow, the legal battles surrounding mRNA patents are getting intense! It’s fascinating (and a bit dizzying) to follow these disputes between Moderna, BioNTech, and Pfizer across different countries. This recent setback for Moderna in Europe over the ‘565 patent surely adds more heat to an already fiery situation.
The tug-of-war over COVID-19 vaccine technology seems never-ending. I wonder how these ongoing battles will shape the future of mRNA technology and its accessibility. Kudos to the article for breaking down this complex legal saga in such an understandable way!