South Korea’s SK bioscience, the biopharmaceutical subsidiary of SK Group, announced on Wednesday that it has secured a decisive win in a patent dispute against U.S.-based biotechnology company Moderna, known globally for its development of mRNA COVID-19 vaccines.
The legal challenge, initiated in 2023, contested Moderna’s South Korean patent concerning the use and modification of nucleosides, nucleotides, and nucleic acids in mRNA technology. According to SK bioscience, the patent posed a significant barrier to domestic research and innovation by granting what it called “unjust priority rights.” This patent, reportedly the only one of its kind registered in South Korea related to mRNA production, was viewed as crucial to SK bioscience’s ongoing projects, including its experimental mRNA vaccine for Japanese encephalitis, GBP560.
The vaccine project is being conducted in partnership with the Coalition for Epidemic Preparedness Innovations (CEPI), a global health organization supported by funding from philanthropist Bill Gates.
A spokesperson for the company highlighted that, if successful, its mRNA-based vaccines could be distributed in developing regions such as Africa, Southeast Asia, Latin America, and the Middle East—areas where Moderna has not yet secured intellectual property rights for its mRNA technology.
The ruling in SK bioscience’s favor came from the Intellectual Property Trial and Appeal Board last month, and with Moderna opting not to appeal within the designated timeframe, the decision stands as final. The company believes this outcome will accelerate its ambitions to become a key player in the mRNA vaccine space, which analysts project could surpass 84 trillion won (around $58.9 billion) in market value by 2033.
SK bioscience now aims to develop a robust mRNA platform that can be used to combat not just pandemics, but a broader array of infectious diseases worldwide.