NIH Says Moderna Wrongly Left Off Government Scientists From COVID-19 Vaccine Patent

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The National Institutes of Health (NIH) and Moderna are engaged in a dispute over which scientists developed Modernaโ€™s COVID-19 vaccine, with the conflict possibly heading to court.

Moderna and government scientists collaborated on the development of the shot and the government asked the company to include a trio of scientists on its patent application. But company officials said in a patent filing in July for a key sequence thatโ€™s part of the vaccine that they โ€œhave reached a good-faith determinationโ€ that the scientists did not invent it.

The filing โ€œtook NIH officials by surprise,โ€ a government official familiar with the situation told The Epoch Times in an email on condition of anonymity.

The agency disagrees and a review of the matter determined Drs. Kizzmekia Corbett, Barney Graham, and John Mascola, who all worked with Moderna while at the NIH, are co-inventors of the component and should be named as such.

โ€œOmitting NIH inventors from the principal patent application deprives NIH of a co-ownership interest in that application and the patent that will eventually issue from it,โ€ the official said.

The three scientists, only one of whom still works at NIH, did not respond to requests for comment.

Moderna said in a statement that NIH scientists did not co-invent the mRNA, or modified nucleotide, sequence used in the vaccine, alleging the scientists โ€œwere not even aware of the mRNA sequence until after the patent application had already been filed.โ€

โ€œFor those who would seek to twist Modernaโ€™s good faith application of U.S. patent law into something else, nothing could be further from the truth. Moderna remains the only company to have pledged not to enforce its COVID-19 intellectual property during the pandemic. Moreover, on September 29th, Moderna offered to resolve its dispute with NIAID by making the government co-owners of those patent applications that only listed Moderna scientists as inventors, including the right as co-owners to license the patents as they see fit,โ€ the company added.

NIAID is part of the NIH.

Byย Zachary Stieber

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