the staff of the Ridgewood blog

Ridgewood NJ, Moderna and the US National Institutes of Health (NIH) are currently in a dispute over which entity should receive patent rights to the SARS-CoV-2 mRNA vaccine the company and the agency developed in partnership. The collaboration to develop the vaccine was widely hailed as a shining example of successful interaction between public and private entities for the benefit of the global population. However, Moderna’s patent paperwork noticeably does not include the government scientists involved in the vaccine development process as co-inventors. Moderna’s stance on this dispute is that they “reached the good-faith determination that these individuals did not co-invent” the vaccine. The NIH and consumer advocacy group Public Citizen disagree with this assessment, believing that federal scientists were core to the invention of the vaccine and should be included on the patent. The NIH and Moderna currently are engaged in talks to resolve the dispute, but if left unresolved, the issue could be taken into the court system for resolution.