Lessons From Moderna's COVID Vaccine Patent Dispute

By William Honaker (January 21, 2022, 4:54 PM EST) -- Moderna Inc. and the National Institutes of Health are caught in a legal tug of war.

The NIH claims that Moderna failed to add three of its scientists to Moderna's principal COVID-19 vaccine patent application. If the NIH is correct, it would co-own any issued patents on a very valuable technology; Moderna's 2022 vaccine sales are forecasted to be between $15 billion and $18 billion.

The NIH would also own an equal undivided interest in the patent, meaning it could do whatever it wishes with it. This would include licensing the patent to others and collecting royalties.

Interestingly, Moderna offered the...

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