It's also unclear how aggressive the federal agency will ultimately be over its co-inventor status. It's unclear how that dispute will resolve, and such patent fights can take years to unfold. "Clearly this is something that legal authorities are going to have to figure out." A spokesperson for Collins later clarified to the Times that by "legal authorities," Collins meant government lawyers. "I think Moderna has made a serious mistake here in not providing the kind of co-inventorship credit to people who played a major role in the development of the vaccine that they're now making a fair amount of money off of," Collins said. AdvertisementĪt the time, then-NIH director Francis Collins told Reuters that the NIH had spent time trying to resolve the dispute amicably with Moderna but had failed. But Moderna excluded them, as Nature reported back in 2021. The agency requested Moderna list three NIH researchers as co-inventors on the patent they filed. Moderna says its scientists came up with the sequence independently, while the NIH says its researchers came up with it and gave it to the company. That fight is centered around a principal patent Moderna filed over the entirety of the mRNA sequence used in the vaccine. While the agreement seems to settle one aspect of rights over the life-saving, billion-dollar vaccine, a larger fight still looms. The Times reported that NIH would share the catch-up payment from Moderna with Dartmouth and Scripps. Moderna began collaborating with the NIAID on a general design for mRNA-based vaccines in 2016, but none of its scientists were authors of the 2017 paper. They had developed the technique years before the pandemic, publishing it in a 2017 study involving the spike protein from a SARS-CoV-2 relative, MERS-CoV, aka the Middle East respiratory syndrome coronavirus.
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Researchers at the NIH's National Institute of Allergy and Infectious Diseases (NIAID)-as well as collaborators at Dartmouth and The Scripps Research Institute in La Jolla, California-came up with a method of tweaking the mRNA code so that, when translated, the spike protein would stay locked in a specific conformation best for generating an immune response. The mRNA-based vaccine delivers genetic code for the spike protein, which is then translated by human cells into protein. The molecular technique at the center of the agreement is designed to stabilize the SARS-CoV-2 spike protein so that it can spur a strong immune response following vaccination. The agreement will also grant the NIH "low single-digit royalties on future COVID-19 vaccine sales." The company expects to make around $5 billion in COVID-19 vaccine sales in 2023.
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Moderna mentioned the payment in the company's latest earnings report, which described the sum as a "catch-up payment" negotiated with the NIH in December as part of a new royalty-bearing license agreement.
Vaccine-maker Moderna has forked over $400 million to the National Institutes of Health for using a molecular stabilizing technique borrowed from government and academic researchers in its mRNA-based COVID-19 vaccine-which the company made roughly $36 billion selling amid the deadly pandemic, according to The New York Times.
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