<\/p>\n
By Mario Gaviria and Burcu Kilic\uf02a<\/p>\n
November 16, 2020
\nSafe and effective vaccines are key to combating the Covid-19 pandemic; however, patents and
\nother intellectual property claims directed at vaccine technologies create legal barriers for
\nequitable access and fair allocation. No corporation produces at scale to supply the world.
\nProviding timely global access will depend in significant part on increasing supply, including
\nby transferring technology to qualified manufacturers. Much of this technology is claimed as
\npatented, proprietary, or confidential in nature.
\nThe vaccine candidate co-developed by the
\nU.S. National Institutes of Health (NIH) and
\nModerna, mRNA-1273 SARS-CoV-2,
\nemploys the use of lipid nanoparticle (NP)
\ntechnology to deliver mRNA to cells. Once
\nthe lipid nanoparticle is injected into a
\npatient, it travels into the cells and instructs
\nthem to produce the SARS-CoV-2 spike
\nprotein. The presence of this coronavirus
\nprotein is thought to trigger an immune
\nresponse leading to the production of
\nantibodies.
\n1
\nIf the patient is infected with
\ncoronavirus, the antibodies will identify and
\nbind to the virus, which triggers a series of
\nevents resulting in the elimination of the
\nvirus. mRNA-1273 is in Phase 3 clinical trials. The NIH and Moderna announced promising but
\npreliminary trial results on November 16th
\n.
\n2<\/p>\n
\uf02a Public Citizen\u2019s Access to Medicines Program
\n1 https:\/\/www.modernatx.com\/mrna-technology\/mrna-platform-enabling-drug-discovery-development<\/p>\n
2 https:\/\/investors.modernatx.com\/news-releases\/news-release-details\/modernas-covid-19-vaccine-candidate-meets-its-primary-
\nefficacy<\/p>\n
PUBLIC CITIZEN mRNA-1273<\/p>\n
November 2020 2
\nWe identified several patents claimed by Moderna relating to the pertinent vaccine technologies.
\n3
\nWe placed them in four groups based on their description and their primary independent claim:
\n\u2022 Patents directed at an mRNA vaccine or RNA
\ngenerally
\n\u2022 Patents directed at Lipids\/NP + mRNA
\n\u2022 Patents specifically directed at pharmaceutical
\ncompositions involving lipid NP + mRNA.<\/p>\n
Below is our non-exhaustive list. In a recent financial statement, Moderna suggested that it
\nrelies to a certain extent on trade secrets, know-how, and technology, which are not protected
\nby patents, to maintain its competitive position.4 Moderna has announced that it will not
\nenforce their patent rights against those making vaccines intended to combat the pandemic.<\/p>\n
3 Pharmaceutical companies are not the only claimants of key technology. The U.S. government claims a patent on a key technology
\nwhich may be relevant for Moderna to stabilize the spike protein. See Public Citizen, Leading COVID-19 Vaccine Candidates
\nDepend on NIH Technology (Nov. 10, 2020), https:\/\/www.citizen.org\/article\/leading-covid-19-vaccines-depend-on-nih-technology\/.
\n4
\nIf any trade secret, know-how, or other technology not protected by a patent were to be disclosed to or independently developed
\nby a competitor, our business and financial condition could be materially adversely affected.
\nFailure to obtain and maintain all available regulatory exclusivities and broad patent scope and to maximize patent term restoration
\nor extension on patents covering our products may lead to loss of exclusivity and early biosimilar entry resulting in a loss of market
\nshare and\/or revenue. Moderna, Quarterly Report, June 30, 2020
\nhttps:\/\/www.sec.gov\/Archives\/edgar\/data\/1682852\/000168285220000017\/mrna-20200630.htm<\/p>\n","protected":false},"excerpt":{"rendered":"
By Mario Gaviria and Burcu Kilic\uf02a November 16, 2020 Safe and effective vaccines are key to combating the Covid-19 pandemic; however, patents and other intellectual property claims directed at vaccine technologies create legal barriers for equitable access and fair allocation. No corporation produces at scale to supply the world. Providing timely global access will … <\/p>\n