When mRNA technology meets patent law: innovation, barriers and public health

Abstract

Abstract The success of messenger ribonucleic acid (mRNA) technology during the Coronavirus disease (COVID-19) pandemic has ushered in a new era of vaccine and therapeutic development. In this rapidly evolving field, top biotech and biopharma companies are constantly searching for new opportunities to create innovative treatments and vaccines. However, the landscape of mRNA patents is getting complicated and dense, with an accumulation of partially overlapping patent rights that require multiple rights holders’ permission for use and commercialization. Additionally, there are several pending patent lawsuits related to key components of mRNA platform technologies, with strong implications for follow-on innovation and technology diffusion within the field. The case of mRNA technology—as often happens with emerging technologies—is therefore emblematic of the policy dilemma faced by patent law of how to balance economic incentives in a setting of cumulative innovation. This article maps out relevant legal factors that, under different conditions, might aggravate or mitigate the potential negative effects of patents in the field. Further, it sets a framework for more targeted examination of the identified issues.