Moderna — Statement on Intellectual Property (December 17, 2021)

Summary

Moderna statement dated December 17, 2021 says it decided at this time not to pursue issuance of the U.S. patent application for the mRNA sequence of its COVID-19 vaccine that the U.S. Patent and Trademark Office had allowed earlier this year. Moderna informed the National Institutes of Health on December 10 and has filed a continuation application. Moderna says the action allows more time for discussions with the NIH. Moderna believes its scientists invented the specific mRNA sequence, and acknowledges that NIH feels equally strongly that its scientists should be listed as co-inventors for their work on the protein sequence. Moderna says the decision has no impact on its other intellectual property.

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Statement on Intellectual Property

December 17, 2021

Moderna has decided at this time not to pursue issuance of the U.S. patent application for the mRNA sequence of the Moderna COVID-19 vaccine that had been allowed by the U.S. Patent and Trademark Office earlier this year. Moderna informed the National Institutes of Health (NIH) on December 10 th . The Company has filed a continuation application, which could enable some or all of these claims to later issue.

Moderna has taken this action to allow more time for discussions with the NIH. Moderna believes that its scientists invented the specific mRNA sequence at the heart of the patent in question. The Company acknowledges that NIH feels equally strongly that its scientists should be listed as co-inventors for their contemporaneous work on the protein sequence.

Moderna decided that issuance of the mRNA sequence patent in the current environment could interfere with further discussions aimed at an amicable resolution with the NIH. Further, the Company would like to avoid any distraction to the important public-private efforts ongoing to address emerging SARS-CoV-2 variants, including Omicron. Moderna continues to be grateful to the NIH and its scientists for their substantial contributions to developing the Moderna COVID-19 vaccine.

This decision has no impact on Moderna’s other intellectual property, including its pending and granted COVID-19 vaccine patents around the world.

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