A return to normalcy: vaccine makers assert patents to protect proprietary technologies
Vaccine Insights 2026; 5(5), 281–290
10.18609/vac.2026.036
Published: 2 July
Commentary
The global pandemic caused by SARS‑CoV‑2 (COVID‑19) in 2020 stimulated an effort to develop vaccines at previously unrealized timeframes, utilizing new technologies, primarily mRNA‑based vaccines targeting the major viral protein, spike, that had been in development for several decades. Those technologies were patent‑protected, and the fact that almost all patentees initially refrained from enforcing their patents is an indication of the perceived severity of the outbreak. In its aftermath, that restraint has waned, and the past several years have seen enforcement efforts emerge across all aspects of the patented technology.
Vaccine makers' pandemic-era patent restraint has waned – Moderna, Pfizer/BioNTech, Arbutus/Genevant, and Alnylam are now litigating the mRNA payload, delivery, and manufacturing patents underpinning COVID-19 vaccines.
What you will learn
01
BioNTech's suit against Moderna's mNEXSPIKE® over a streamlined, domain-based Spike mRNA construct
02
PTAB and Federal Circuit rulings invalidating or narrowing key beta-coronavirus and LNP patents
03
The Arbutus/Genevant–Moderna settlement, resolving LNP claims for up to $2.25 billion
Key patent disputes covered
1
mRNA payload – BioNTech v Moderna
2
Beta-coronavirus mRNA – Moderna v Pfizer/BioNTech
3
Problem-sequence mRNA – Bayer/Monsanto v vaccine makers
4
LNP delivery – Alnylam & Arbutus/Genevant v Moderna, Pfizer/BioNTech
Key findings
BioNTech's Feb 2026 complaint accuses Moderna's mNEXSPIKE® of infringing US Patent 12,133,899 – a streamlined, domain-based Spike mRNA construct
PTAB invalidated Moderna's US Patents 10,702,600 and 10,933,127 on beta-coronavirus mRNA; the decision is on appeal to the Federal Circuit
Arbutus/Genevant settled with Moderna for up to $2.25 billion – $950 million upfront plus $1.3 billion contingent on Moderna's Section 1498 appeal
No plaintiff has sought an injunction across any dispute – a lasting remnant of pandemic-era patentee restraint
Key interests