Biotech brawl: Curevac's patent woes deepen against Biontech
The biotech warrior Curevac has taken a significant blow in its patent squabble against Biontech. In a ruling in Munich, Germany, the Federal Patent Court declared a patent belonging to Curevac null and void. The presiding judge Walter Schramm revealed that the European Patent Office's granted patent was not valid in Germany.
The Tübingen-based powerhouse Biontech made history with its successful Covid-19 vaccine, which it has sold in billions, in partnership with Pfizer. Curevac, based in Mainz, contests that Biontech has infringed upon several of its patents. In response, Biontech has launched an investigation to scrutinize Curevac's property rights' legitimacy.
The intense rivalry between Biontech and Curevac has escalated, with Biontech now scrutinizing Curevac's property rights' validity following Curevac's defeat in the dispute. Despite facing a legal setback, Curevac persists in accusing Biontech of breaching multiple patents.
In-depth Insights
The patent clash between Biontech and Curevac involves multiple ongoing and recent developments, including:
- UK Court Ruling:
- Outcome: The UK court ruled in favor of Pfizer and Biontech, invalidating several CureVac patents due to insufficiency [2].
- German Federal Patent Court Ruling:
- Outcome: The German Federal Patent Court nullified a CureVac process patent [1].
- English High Court Ruling:
- Outcome: The English High Court invalidated the remaining CureVac patents due to insufficiency [1].
The Aftermath
CureVac:
- Patent Arsenal: CureVac commands a comprehensive patent portfolio, encompassing around 1,000 issued patents that safeguard mRNA technology, manufacturing, and mRNA-based vaccines and therapies [2].
- Impact of Judgments: The unfavorable verdicts exert pressure on CureVac, revealing the intricacies in patenting mRNA technology. This deterrent may impede its ability to shield intellectual property and potentially constrain future developments in the mRNA field [1][2].
BioNTech:
- Patent Protection: BioNTech retains its patent protection in the UK, as the ruling failed to impinge on their patents.
- Repercussions of Rulings: The favorable rulings bolster BioNTech and Pfizer’s standing in the mRNA vaccine market, potentially restraining competition from CureVac and other firms [2].
Takeaways
- Patent Bazaar: The patents in the mRNA landscape are tangled and volatile, with continuous conflicts and challenges in securing and preserving patent rights. This intricacy might hinder the advent and commercialization of mRNA vaccines and therapies [1].
- Commercial Triumph: Despite the patent battles, companies like Vertex and CRISPR Therapeutics have clinched FDA approval for their CRISPR gene therapy, proving that a path to commercialization exists despite the challenges in the patent arena [1].
