A patent license is “just one piece of an otherwise very large jigsaw puzzle,” said Jacob S. Sherkow, an expert on biotechnology patent law at the University of Illinois College of Law. “The patent license does not build factories, it doesn’t source raw materials, it doesn’t train workers.”
The N.I.H. could benefit financially from licensing out the patent. Several experts said it was difficult to know how much, but Mr. Sarpatwari estimated the agency could reap tens of millions of dollars.
For the company, having patents solely in its name helps “support a narrative that Moderna was not just the lucky recipient of unprecedented massive investment by the U.S. government, but that Moderna made unique and essential contributions on its own,” said Christopher Morten, an expert on pharmaceutical patent law at Columbia Law School.
That could help the company justify its prices and rebuff pressure to make its vaccine available to poorer countries.
“Moderna wants exclusive ownership and control of this patent,” Mr. Morten said. “They want to be the only organization that decides where mRNA-1273 is made, how it’s made, who makes it, what price it’s sold for. And co-ownership of this patent is a threat to that control.”
The story of the public-private collaboration has been one of the few bright spots of the pandemic. The three government scientists — especially Dr. Corbett, who emerged as a role model for young Black women in science and has worked to address vaccine hesitancy in minority communities — have been hailed as heroes.
Moderna, a young company that had never before brought a product to market, became a household name virtually overnight. The vaccine is on track to bring in up to $18 billion in revenue for Moderna this year. The company has already booked deals for next year worth up to $20 billion. Sales of its vaccine both this year and next are likely to rank among the highest in a single year for any medical product in history.