Moderna has accused Pfizer and BioNTech of patent infringement.

At the height of the COVID-19 pandemic in 2020 and 2021, vaccines were released by competing pharmeceutical companies Pfizer (with assistance from BioNTech) and Moderna. These two vaccines proved vital for easing the impact of the coronavirus, with both utilizing a similar means of manufacture and production. However, in a recent legal filing, Moderna has accused Pfizer of coopting its mRNA development platform.

“Moderna believes that Pfizer and BioNTech’s COVID-19 vaccine Comirnaty infringes patents Moderna filed between 2010 and 2016 covering Moderna’s foundational mRNA technology. This groundbreaking technology was critical to the development of Moderna’s own mRNA COVID-19 vaccine, Spikevax. Pfizer and BioNTech copied this technology, without Moderna’s permission, to make Comirnaty,” Moderna said in a press release.

Moderna explained that Pfizer created “a vaccine that has the same exact mRNA chemical modification to its vaccine as Spikevax. Moderna scientists began developing this chemical modification that avoids provoking an undesirable immune response when mRNA is introduced into the body in 2010 and were the first to validate it in human trials in 2015.”

Moderna has clarified that they are not seeking to have Pfizer’s vaccine removed from the market, nor are they seeking damages. “Consistent with its commitment to equitable global access, in October 2020, Moderna pledged not to enforce its COVID-19 related patents while the pandemic continued. In March 2022, when the collective fight against COVID-19 entered a new phase and vaccine supply was no longer a barrier to access in many parts of the world, Moderna updated its pledge. It made clear that while it would never enforce its patents for any COVID-19 vaccine used in the 92 low- and middle-income countries in the GAVI COVAX Advance Market Commitment (AMC 92), Moderna expected companies such as Pfizer and BioNTech to respect its intellectual property rights and would consider a commercially reasonable license should they request one for other markets. Pfizer and BioNTech have failed to do so,” the company said in a statement.

Pfizer has not commented on the matter as of writing.