In the competition between the two companies Moderna and Biontech regarding mRNA vaccines, Moderna sued its competitor Biontech for patent infringement, in particular in Germany.

The patents in dispute are the European patents EP 3 590 949 B1 and EP 3 718 565 B1, the latter of which has now been revoked by the Opposition Division of the European Patent Office.

Moderna has already announced its intention to appeal against the decision.

The news had a direct impact on the stock markets. Moderna’s share price fell in pre-market trading following the bad news, but has since recovered. Global sales of mRNA vaccines in 2021 amounted to around 65 billion US dollars and are expected to roughly double by 2027. With a lifetime of 20 years, granted patents offer their owners enormous market power, which explains the fierce battle for each individual relevant patent.

While, for the now revoked patent EP 3 590 949 B1, four parties, including Biontech, filed oppositions, in the case of EP 3 590 949 B1, there were already nine parties according to the European Patent Register. The oral proceedings before the European Patent Office is scheduled for May 14, 2024.

Sources:

https://register.epo.org/application?number=EP19177059
https://register.epo.org/application?number=EP20164728&tab=main
https://www.handelsblatt.com/unternehmen/industrie/covid-19-impfstoff-eu-patentamt-erklaert-moderna-patent-fuer-nichtig-/29514290.html
https://de.statista.com/statistik/daten/studie/1261136/umfrage/weltweiter-umsatz-mit-mrna-impfstoffen/