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Law360 (March 25, 2021, 10:14 PM EDT) -- Several activist groups and academics are urging Dr. Anthony Fauci and other federal officials to use a government-owned patent to make Moderna's COVID-19 vaccine more widely available.
In a letter published Wednesday, Public Citizen, PrEP4All and others said that the federal government should leverage its rights to a soon-to-be-issued patent for the mRNA-1273 vaccine, which was co-developed by Moderna and the National Institute of Allergy and Infectious Diseases, to expand global access to the vaccine.
The patent covers the use of spike proteins in the vaccine, according to the letter.
So far, Moderna has only contracted with one manufacturer to produce the drug substance for mRNA-1273 and has refused to share the technology with developing countries, the groups said, arguing that the government should take it upon itself to share the know-how with the World Health Organization to help "unlock additional production" of the vaccine.
"The U.S. government has not licensed the patent to Moderna," the letter states, noting that the National Institute of Health owns the patent. "It is imperative that the NIH uses any licensing agreement to include provisions to help increase global access to this lifesaving technology, rather than just a monetary royalty."
The groups also pointed out that Moderna is currently charging $10 to $40 per dose, despite it costing less than $3 to produce. They urged the government to use the patent to negotiate "accessible pricing," saying that the high price may prevent those "most in need" from getting vaccinated.
"By increasing access to this vaccine globally, the U.S. government can not only save millions of lives around the world, but also curb the development of vaccine-resistant variants, some of which are already in the United States," the letter states.
The Massachusetts-based Moderna plans to make about 700 million to one billion doses for this year, and up to 1.4 billion doses in 2022, according to the company's 2020 fiscal year report.
By contrast, Pfizer, which has developed its own mRNA vaccine, has reportedly promised to deliver about two billion doses — nearly double of Moderna — by 2021.
Thursday's letter was addressed to Fauci, who heads the NIAID, as well as NIH Director Francis S. Collins and U.S. Secretary of Health and Human Services Xavier Becerra.
--Editing by Steven Edelstone.
For a reprint of this article, please contact reprints@law360.com.
