Major Milestone Achieved: CureVac Attains Positive Patent Verdict from European Patent Office in Ongoing Battle with BioNTech SE

In a critical development, global biopharmaceutical company CureVac N.V.’s European patent, dubbed EP 3 708 668 B1, has been confirmed as valid by the European Patent Office (EPO). This decision is a notable landmark in the company’s ongoing intellectual property dispute with BioNTech SE in Germany, which involves a total of six intellectual property rights. BioNTech SE had challenged the patent’s validity back in April 2023, but the EPO maintained the patent in an amended form following the recent hearing.

This favourable ruling sets the tone for further proceedings, as the Regional Court Düsseldorf is expected to make a decision on whether the patent has been infringed in its altered form. A hearing on this matter is earmarked for July 1,2025. A verdict in favour of CureVac would trigger an additional process to assess damages.

This validation of the patent has spurred optimism about CureVac’s contribution to mRNA technology being recognized and compensated on fair terms. The anticipation is that this judgement will encourage further advancements in the arena of mRNA-based medicines.